From the United States, sign the power of attorney before a notary public and obtain an apostille from the Secretary of State of the state where the notary is commissioned, or apply through the Indian consulate that covers your state. Courier the original to India, where it must be stamped within three months of arrival and, for property sales, presented to the Sub-Registrar.
- Document route
- Notary + state apostille, or consulate
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- Collector of Stamps and sub-registrar
- Travel to India
- None
How it works from the USA
We draft the document for the Indian state where it will be used, because stamp duty and registration rules differ, and send it with a signing sheet: sign every page, two witnesses with addresses, notary acknowledgment in the form your state uses. Some states require a county clerk to certify the notary before the Secretary of State will apostille; we tell you if yours does. Mail-in apostille requests take longest, so walk-in or expedited service is worth it when a registration date is fixed.
Indian consulates in the US process attestation through an outsourced centre, mostly by post, and generally expect non-Indian passport holders to have the document notarised and apostilled anyway. For OCI cardholders and US citizens the apostille route is therefore simpler. Once the original reaches India, our team has it stamped and, where required, registered, and confirms to you when it is ready for use.
What is different for NRIs in the USA
- The apostille must certify the notary who actually witnessed your signature.
- Use a special power limited to one property or one case; it is accepted more readily and is safer.
- Start four weeks before any planned registration in India.
Step by step from the USA
Free review call
Calls are held in your evening or early morning, which is the Indian working day. 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 USA
Where a representative must act for you in India on a power of attorney for India, you sign before a US notary and obtain the apostille of your state, or attend the Indian consulate for your state. 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 the USA 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 the USA if you need them.
The law in full
This page covers what changes when you handle a power of attorney for India from the USA. 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 the USA or the Property & Real Estate practice area.
Questions from NRIs in the USA
Which Indian consulate handles a power of attorney for my US state?
Jurisdiction is by state of residence among the Embassy in Washington and the consulates in New York, San Francisco, Chicago, Houston, Atlanta and Seattle. Check the current list on the mission's website.
Is a notarised power of attorney from the USA enough for India?
Not in practice. Indian registrars and banks expect an apostille from the Secretary of State or consular attestation in addition to the notary's seal.
Can a US citizen with an OCI card give a power of attorney for Indian property?
Yes. Citizenship does not matter; the document must be properly notarised and apostilled, then stamped in India.