Is power of attorney valid across India?
Asked by: Christelle Bashirian | Last update: October 29, 2025Score: 4.8/5 (25 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.
Is power of attorney valid all over India?
According to Indian law, a valid power of attorney is a legal instrument that has to be correctly drafted, utilizing the appropriate legal vocabulary and outlining the goals and duties that you desire to designate the appointee to carry out on your behalf. Stamp duty must be paid for verification.
Can I give power of attorney to someone in India from USA?
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.
Can POA be registered anywhere in India?
Answer: In India, a power of attorney (POA) can be executed and registered at any sub-registrar office in the state where the execution takes place.
Is power of attorney valid internationally?
One of the first questions many people have is whether they can or should appoint an attorney-in-fact who resides in a different jurisdiction. The answer is generally: yes, you can appoint someone who lives abroad! However, there are both advantages and disadvantages to this approach.
Power of Attorney - Laws in India
Can a power of attorney be executed outside India?
You can execute a PoA from either your country of residence abroad or in India.
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.
What are the rules for Power of Attorney in India?
—3[A married woman of full age shall, by virtue of this Act, have power, as if she were unmarried,] by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of ...
Can NRI register POA 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. The document needs to be executed, registered, and notarized as per legal requirements.
How do I check if a Power of Attorney is valid in India?
1) You can verify the POA is attested by the Indian Consulate through decentralized Branch Secretariats/RPOs of ministry of external affairs in your state. 2) The authentication or attestation of Power of Attorney is required only when a document executed by the principal is presented for registration.
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.
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.
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.
Can you give power of attorney to India from USA?
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.
How long does power of attorney last in India?
The duration of a durable power of attorney is indefinite. The PoA is still in effect even if you become incapacitated.
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.
Is power of attorney valid from one state to another in India?
yes, the power of Attorney is valid universal whether given in any state, however, the attorney holder shall not perform any such duty which is not mentioned in the deed itself.
How can I give someone in India a power of attorney while overseas?
Draft the Power of Attorney deed online or hire a lawyer in India to draft it for you. Get the deed attested by the Indian embassy or consulate in that country. Any Notary from there can also attest it. The person making the deed, the Grantor, should sign the deed in all pages.
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.
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.
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.”
How can I transfer Power of Attorney in India?
- Contact the lawyers, who will create a suitable POA for you. ...
- The lawyer will outline the specifics and create a POA.
- Then sign the POA after that in front of two witnesses.
- A certified notary public must sign the POA.
- Pay the stamp duty and the process will be done.
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 all states?
A power of attorney is accepted in all states, but the rules and requirements differ from state to state. A power of attorney gives one or more persons the power to act on your behalf as your agent.
How often does a power of attorney need to be updated?
It is commonly used for estate planning, medical management, financial management, and real estate transactions. A POA should be reviewed every few years for possible updates. It may become necessary to update a power of attorney when life situations change, a new agent is needed, or when there are changes in the law.