NRIs and OCI cardholders in France, Italy, Spain, Portugal, the Netherlands, Belgium, Ireland, Austria, Switzerland, Greece and most other European countries can execute a power of attorney for India before a local notary and have it apostilled by the designated authority of that country. Indian passport holders can instead sign at the Indian embassy or consulate. The document is stamped in India within three months of arrival.
- Document route
- Local notary + apostille, or Indian Embassy
- Time difference
- 3.5 to 5.5 hours behind IST
- Handled in India at
- Collector of Stamps and sub-registrar
- Travel to India
- None
How it works from Europe
We draft the power of attorney in English for a defined purpose and send it with instructions for your country. In civil-law countries a notary often insists on preparing a notarial deed in the local language; we ask instead for a certification of your signature on the English text, which most notaries will do. Where that is refused, the deed is translated into English by a sworn translator and the translation is apostilled or attested with it. The apostille authority differs by country: a court, a ministry, a prefecture or a notarial chamber.
In India the attorney holder pays stamp duty before the Collector of Stamps and, for a power to sell or transfer immovable property, has it registered or adjudicated as the state requires. Banks ask for their own format, so for banking we use the bank's draft. Germany is the main exception to the apostille route, because the Convention is not in force between it and India; see our page for Germany. Embassy attestation is also the safer choice where a local apostille takes many weeks.
What is different for NRIs in Europe
- Two witnesses are advisable even where the foreign notary does not require them, since some Indian sub-registrars look for them.
- Keep the power specific to one property or case and name your own bank account for receipt of money.
- Revoke in writing once the work is done and inform the sub-registrar and the attorney holder.
Step by step from Europe
Free review call
Calls are held in the European morning, while offices in India are open. We read your papers on a power of attorney for India first, so the call is about your options and not a repeat of the facts.
Authority from Europe
Where a representative must act for you in India on a power of attorney for India, you sign before a local notary and obtain the apostille of that country with an English translation, or attend the Indian embassy. We draft the document and send signing instructions.
Work in India
In India, the attorney holder pays stamp duty within three months of the document arriving and registers it where the state requires. Updates for clients in Europe go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive a scan of the stamped power of attorney, and a revocation deed is prepared once the work is finished. Originals are couriered to your address in Europe if you need them.
The law in full
This page covers what changes when you handle a power of attorney for India from Europe. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Power of Attorney for India. For other matters, see all legal services for NRIs in Europe or the Property & Real Estate practice area.
Questions from NRIs in Europe
Is a power of attorney notarised in Italy or France valid in India?
Yes, with an apostille from that country and, if the notarial certificate is not in English, a certified English translation. It must then be stamped in India.
Should I go to the Indian embassy or a local notary?
Indian passport holders can use either. Foreign citizens of Indian origin normally use the notary and apostille route.
How long is a power of attorney valid?
Until revoked, until the purpose is completed, or until the death of either party, unless the document sets an earlier date.