Is a power of attorney from USA valid in India?
Asked by: Breanna Lang | Last update: December 9, 2025Score: 4.8/5 (13 votes)
Yes, US citizens can grant Power of Attorney for use in India. However, the document must be notarized in the US, attested by the Indian consulate, and comply with Indian laws to be legally valid.
Can I give power of attorney from the USA to India?
A Power of Attorney is a legal document that lets someone (the “agent” or “attorney-in-fact”) act on behalf of another person (the “principal”) in specific matters. If you want someone to manage your property, handle finances, or represent you in legal matters, a POA from USA to India allows them to do so.
Is a US power of attorney valid in another country?
It is normal practice to authorise special powers of attorney abroad by signing a power of attorney document. If the document is being signed for use abroad, it must be notarised by a Notary Public in order to be accepted.
Does power of attorney work in India?
Yes, you can have a single PoA executed in favour of one person in certain situations. For instance, if there are multiple NRI joint owners of an immovable property in India, they may appoint a resident Indian to manage the property on their behalf.
Can OCI get power of attorney in India?
What documents are required to make a Power of Attorney as an OCI in India? Ans2. Generally, you'll need valid identification documents, such as your OCI card, passport, and proof of address, along with the details of the appointed attorney.
Sending an Indian Power of Attorney from abroad | NRI Power of Attorney
Can OCI holders inherit property in India?
OCI cardholders are allowed to inherit property in India; however, they cannot possess agricultural land and must follow the legal processes for handling and returning inherited funds to their home country.
Does POA need to be registered in India?
According to the Indian Registration Act of 1908, a POA involving property must be registered. Failing to do so can result in legal complications and may even render the POA ineffective.
Can you sell a house with Power of Attorney in India?
Yes, a notarized power of attorney is valid in India. However, for certain transactions, such as those involving immovable property, it is advisable to have the power of attorney registered with the appropriate sub-registrar to ensure its legality and enforceability.
What are the limitations of Power of Attorney in India?
The POA cannot act outside of the Principal's best interest. The POA cannot make decisions before the document comes into effect -- conditions will be outlined with approval of the Agent and Principal. The POA cannot be officially nominated unless the Principal is of sound body and mind.
Can I open a bank account with a Power of Attorney?
When opening the account, the bank usually requires a legal power of attorney document and a photo ID. You may also need to fill out the bank's power of attorney form. Also, the account will usually be in the other party's name, but you will have authority over the account.
How long is power of attorney valid in the USA?
Generally, a power of attorney remains effective until you revoke it or until you pass away. However, there are situations in which a power of attorney can become invalid, such as if it is tied to a specific event or period of time, or if your agent becomes incapacitated or passes away.
Can a power of attorney be executed outside India?
Registration of Power of Attorney outside India
Power of Attorney executed outside India should be authenticated before any of the Indian Consulates in that country. It ought to be stamped within three months of receipt in India with the applicable stamp duty.
Who can override a power of attorney USA?
Short answer: a principal (aka, the person who granted the power of attorney) can override a power of attorney (POA). However, if the principal is not of sound mind then a loved one or a guardian can take steps to override a POA.
What is the validity of POA in India?
Durable Power of Attorney: A PoA remains in effect even if the principal becomes mentally incapacitated. Non-Durable Power of Attorney: A PoA is effective only as long as the principal is mentally competent and ends when they become incapacitated. Revocation: The act of canceling a Power of Attorney by the principal.
How do I send a Power of Attorney to India?
Attestation – the Power of Attorney is sent to the Indian Consulate to attestation along with a bank draft in the amount of $28. It is them returned to you for use in India. Your Attorney will need to register the Power of Attorney in the offices of the Sub-Registrar of the relevant area in India.
How much does a Power of Attorney cost in India?
Power of Attorney /Special Power of Attorney : Rs. 1000/- per instrument plus Rs. 100/- for pasting fee.
Is US power of attorney valid in India?
Yes, US citizens can grant Power of Attorney for use in India. However, the document must be notarized in the US, attested by the Indian consulate, and comply with Indian laws to be legally valid.
What is misuse of power of attorney in India?
Power of Attorney Fraud (POA Fraud)
This could involve the agent transferring money from the principal's accounts without permission, selling property without consent, or making unauthorized financial transactions that benefit the agent at the expense of the principal.
What are the disadvantages of a power of attorney?
- Potential for Misuse: The most significant risk associated with a POA is the potential for misuse by the appointed agent. ...
- Lack of Oversight: A POA grants considerable control to the agent without requiring oversight or approval from third parties.
How long is NRI POA valid in India?
The validity of Non-resident Indians' (NRIs) Power of Attorney remains for the entire lifetime if not explicitly cancelled by the principal or through the operation of law.
Can NRI sell property in India through POA?
Can an NRI use Power of Attorney to sell property in India? Answer: Yes, an NRI can use Power of Attorney to sell property in India. The POA should clearly outline the authority granted to the appointed representative for property transactions.
Can a power of attorney sell property and keep money?
Someone who is designated as your agent in a power of attorney has a fiduciary duty to you. That means they cannot make financial decisions or take actions with your money or accounts that aren't in your best interest.
Who can override a Power of Attorney in India?
The person who assigns power of attorney is known as the principal, and the person to whom the principal gives POA is the agent. The principal — that is, the person who assigned POA to someone (an agent) on their behalf — can revoke it.
Is Power of Attorney valid without notary India?
—The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.”
What are the four types of Power of Attorney?
A power of attorney (POA) is an estate planning document that grants another person, called the agent or attorney-in-fact, the authority to act on your behalf. In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical.