how to get power of attorney form from indian embassy in usa

by Donavon Casper MD 6 min read

Draft the Power of Attorney for NRIs with attestations. Reach to the Indian Embassy or Consulate of that country and get it stamped and sealed from the embassy. Alternatively, Public Notary of that country can also notarize along with mentioning the notary registration number on the seal on every page of the document.

Full Answer

How to get power of attorney from USA to India?

It is a 5 step procedure: 1- Attest the power of attorney. 2- Apply for apostille to Secretary of the State. 3-Send the deed to the Indian Consulate. 4-Pay the charges at the Consulate. 5-Get Power of Attorney attested by the Indian Consulate/Embassy and send it to India How much will a General Power of Attorney cost from USA for India?

What documents are required for power of attorney at Indian Embassy?

Attestation of Power of Attorney at Indian Embassy. Original passport, address proof, US legal status, 2 photo. US citizen need Apostile. Notary vs Attest.

What is embossing of power of attorney in India?

You can use the same special power of attorney for both bank loans and the registration of real estate in India. What is Embossing of Power of Attorney? Embossing is part of the Notarization process in the USA creating raised relief images and designs in the paper to make the original copy tamper-proof.

How to get power of attorney for a foreign citizen?

Power of Attorney needs to be signed and witnessed by two individuals (with their names and addresses clearly mentioned), then Apostilled by the Secretary of State where the applicant (holding foreign nationality) is resident.

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How do I get power of attorney attested by Indian Embassy?

The Power of Attorney to be attested by the Consulate should be typed on a plain paper or on a Stamp Paper from India. The Consulate does not provide any Stamp Paper nor is it empowered to attest documents drawn on a Stamp Paper. All Powers of Attorneys should carry signatures and addresses of 2 (two) witnesses.

How do I get Indian power of attorney in USA?

How to get a power of attorney? Steps for creating a Power of AttorneySTEP 1: Write the power of attorney on plain paper. ... STEP 3: FOR PROPERTY AND FINANCES. ... STEP 4:FEES Pay the fee at the Consulate. ... STEP 5: Once your power of attorney is attested by the Indian Consulate/Embassy you can send it to India.

Does PoA need to be attested by Indian Embassy?

There is no need for the documents to be apostilled for Indian Passport holders and OCI/PIO card holders. However, the POA documents must be duly notarized. Please note that Commercial Documents are NOT attested by the Consulate. The same should be apostilled from US Government Authorities for presenting in India.

Is power of attorney made in USA valid in India?

How Do I Grant Power of Attorney to Someone in India from the U.S.? To be valid in India, the PoA needs to be attested by the Indian Embassy or any of the Indian consular offices in the U.S. This is possible either by appearing in person or making arrangements through the mail.

How do I get power of attorney from abroad?

To make the Power of Attorney created from any foreign country as legally valid, one has to complete these formalities:The Deed has to be made on a plain paper and attested in the Indian Embassy or by a Notary from that country.The Grantor should place his/her signature in all pages.More items...

How do I get an NRI power of attorney?

“In India, the NRI can get the PoA executed in the Sub-Registrar's office. However, the POA should be drafted on a non-judicial stamp paper of Rs 100 value. Also, two legal representatives and witnesses would be required to execute the deed. All the members should have their valid ID proofs and photographs.

Who can be witness for power of attorney India?

The witness should be an adult at least 18 years old and impartial. The witness should neither be named in the document, nor benefit financially from its signing, The witness should be of sound mind. The best witnesses are those that know the signer such as friends, neighbors, or co-workers.

How can I contact Indian Embassy in USA?

For any emergency Visa services, please contact cell number +1-202-258-8819.

Is Indian notary valid in USA?

Indian documents can be authenticated for use overseas by the issuance of an apostille sticker at the Ministry of External Affairs (MEA), Consular-Passport-Visa Division in New Delhi.

How do I give power of attorney to someone in the US?

How To Give Someone a Power of Attorney1) Choose the right person(s). ... 2) Talk to an attorney. ... 3) Choose what kind of power of attorney is best suited to your needs. ... 4) Decide on the details. ... 5) Fill out the power of attorney form. ... 6) Sign your power of attorney form in front of a notary or witness.More items...

Is foreign power of attorney valid in India?

As per section 14 of Notaries Act, 1952 the Power of Attorney be executed abroad can be effective in India but it is advisable to everyone whoever is executing it abroad shall take proper care while executing Power of Attorney because it is an important legal document which transfers the decision making power of ...

What are the documents required for power of attorney attestation?

Documents Required for Power of Attorney Attestation: Original Power of Attorney and few photocopies. Original Identity documents. Proof of residence. List of partners name.

Create Power of Attorney For Property Management in India

Write down POA (2 Copies) or write 1 and then photocopy it later for 2nd version.Take a plain piece of A4 size white paper (No Indian Stamp paper r...

A. Documents Required For Attestation of Power of Attorney

1. Miscellaneous services form. Each Indian embassy their own format: New York, Washington DC, Houston, San Francisco, Atlanta, Chicago . 2. Origin...

Notarization of Power of Attorney

2 witness signatures required for attestation of Power of attorney.Related: How to get Indian police clearance certificate from Indian Embassy Witn...

A. Visiting Indian Consulate Office For Poa in Person – Yes

1. You should either have 2 witness travel with you to embassy or have the notarized POA, as explained above. 2. There is a specific window of time...

B. Send Poa by Mail For Attestation by Indian Consulate?

1. You need to get all the signatures (2 witness + your own) notarized. 2. Get the fees cashier check or money order. The return shipping check has...

Registration of ‘Attested Power of Attorney’ in India

1. Send the original attested POA to India: Registration of ‘attested POA’ can only be done in India. You have to send the POA to your Indian count...

Where to sign a POA?

Applicants who are applying in person for Power of Attorney (PoA) must be present (cannot depute any representative) at the Consular counter and sign PoA at the counter. All applicants must ensure that their signature on PoA matches with the signature on the current valid passport.

Where is the apostille done?

Apostille of document is done at the office of the Secretary of State where the applicant resides. PoA of persons who are mentally incapacitated will not be accepted. Such cases will be entertained only if the applicant holds a notarized judicial order of guardianship of such person who is the main executor of the PoA.

Do you need to apostille a PoA?

Only after that Embassy will attest the PoA for such categories of applicants. However, there is no need for PoA to be apostilled for OCI/PIO card holders. Such applicants may enclose a copy of OCI/PIO while applying. Apostille of document is done at the office of the Secretary of State where the applicant resides.

Can I use a power of attorney for a NRI loan?

But, there is no harm in using the special power of attorney for both purposes.

Do you need attestation for POA?

The process of registering the POA does NOT require ‘ attestation ‘ if you are still in India and planning to leave soon. i.e. you are about to leave and want to give power of attorney to someone in your family or a friend.

Does the SFO require an attestation?

SFO embassy (San Francisco) requires Apostille by US state before attestation while New York, Washington DC, Houston, Atlanta, Chicago may or may not require Apostille. Attestation of power of attorney is NOT the same as registration of power of attorney. Attestation is a pre-requisite to registration if you are outside India – NRI ...

What is a power of attorney?

There are two types of Power of Attorney: General Power of Attorney: The General Power of Attorney gives authority to the recipient to conduct a variety of transactions, including monetary transactions. Specific Power of Attorney: The Specific Power of Attorney, as the name suggests, provides authority to conduct a specific or particular task like ...

Where to get apostille certificate in India?

To save time and avoid hassles, get the certificate attestation done at the nearest Indian Consulate or Embassy.

Which convention abolishes the requirement of legalization for foreign public documents?

Apostille Convention: the Hague Convention, to which India and USA are signatories, abolishes the requirement of legalization for Foreign Public Documents. With the certification by the Hague Convention 'Apostille', the document is entitled to recognition in India and vice versa and no certification by the Embassy/Consulates of India is required.

Do you need to notarize a photocopy of a supporting document?

Supporting Documents: PHOTOCOPY OF ALL supporting documents should be NOTARIZED and attached to the application. Do not send any original documents except the affidavit / document (DULY NOTARIZED) to be attested.

Can a bank statement be used as a proof of residence?

Note: Bank/credit card/mobile phone statements are not accepted as residence proof. Power of Attorney needs to be signed and witnessed by two individuals (with their names and addresses clearly mentioned), then Apostilled by the Secretary of State where the applicant (holding foreign nationality) is resident.

What is a power of attorney in India?

resident with business interests and/or property in India, you may need to grant Power of Attorney (PoA) to someone in India to carry out transactions on your behalf. PoA is a legal document that authorizes a third party to carry out activities on your part.

How much does an Indian consular attestation cost?

The Indian consular office in San Francisco, on the other hand, charges $20 per attestation, along with an additional $2 as the Indian Community Welfare fee. So, if you have a document that needs attestation on every page, you’ll need to pay more.

What is an apostilling power of attorney?

Apostilling Power of Attorney. Apostilling PoA means you get a certificate from state authorities that the notarized PoA is valid. The relevant page on the Indian Embassy website also mentions that apostilling is not necessary.

How much does the Indian consulate charge in Chicago?

The Indian consulate in Chicago charges $22 per person for property-related affidavits and $12 per person for other affidavits. For applications through mail, there’s an additional, nonrefundable fee of $2 only.

How to pay consular fees?

You can pay the fees only by cashier check or money order when you apply through mail.

What is the legal term for a POA?

The legal term for the person granting the PoA is “principal”. The legal term for the person receiving the PoA is “agent”. “Property affidavit” and “financial affidavit” are other terms used to indicate PoA.

Can you use a special power of attorney for a bank loan?

A general PoA is not acceptable. However, you can use the same special PoA for purchasing the property and securing a bank loan for the same. Sample Specific Power of Attorney.

What is a power of attorney?

Power of Attorney of property is a legal document transmitting the legal right to the attorney or agent to manage and access the principle’s property in the circumstance the principle is unable to do so by themselves.

What is a general power of attorney for NRI?

Under General Power of Attorney for NRI, the agent can execute almost any act as the principal, like opening financial accounts and managing personal finances. The General Power of Attorney for NRI consists of a wide range of powers and is not confined to any particular work.

When was the power of attorney established?

The Power of Attorney Act, 1882 established in India to give a legal framework and guidance to the conduct of Power of Attorney and describes how to give power of attorney from USA for India for NRIs. Get your Power of Attorney drafted by a lawyer NOW!

Is a power of attorney a transfer?

To summarize, the law bears that a power of attorney is not a tool of transfer in regard to any right, title or interest in an immovable property but any genuine contract carried out through General Power of Attorney is deemed valid under the law. Click here to download the Power-of-attorney-format-for-sale-and-purchase-of-real-estate-for-an-NRI ...

Can a power of attorney be used to pay for a property?

From the seller’s outlook, a General Power of Attorney makes it possible to bear the transaction even if they do not seize clear property titles. On the contrary, from the buyers’ perspective, they can manage to pay for the property at a much cheaper charge than the market price.

Is a specific power of attorney work specific?

The Specific power finishes once the task or specific act is done. Therefore, it is work specific only. Also, under this one cannot assign a Specific Power of Attorney for many acts. In that case you have to establish separate Specific Power of Attorney deeds for each act.

Can an NRI be a power of attorney?

An NRI or non-resident Indian can become a Power of Attorney deed even by living outside India and without having to travel to India for that purpose. Most NRIs have properties ( read our resource on How to sell your property in India and bring back money to USA) and banking business in India which may require their presence while transactions occurs. Hence, NRIs can always assign the powers to transact to another individual who is either a family member or a friend. Both specific and General Power of Attorney can be assigned by NRIs. Let us understand the procedure for making a Power of Attorney Deed

Can a property registrar in India read a PoA?

On the other hand, the PoA required by property registrar office in India needs to be specific and specially created for that particular property with its address clearly mentioned on it. Yes, embassy can attest as many PoA as you want . They actually do not read the PoA contents and neither do they verify it.

Can I create a copy of my PoA?

Create PoA copy. Yes, you can create one original copy, get it notarized and then use the photocopy to submit in Indian embassy. Anuradha (Anuradha Varadha) February 11, 2019, 5:02pm #5. Hi, my sister has a house in her name in India, but lives in the US.

Which convention abolishes the requirement of legalization for foreign public documents?

Appostile Convention: The Hague Convention, to which India and USA are signatories, abolishes the requirement of legalization for Foreign Public Documents. With the certification by the Hague Convention 'Apostille', the document is entitled to recognition in India and vice versa and no certification by the Consulate of India is required.

Can a document be authenticated in India?

Documents which are not apostilled from India will not be authenticated by Consulate. Such documents will only be attested as ‘ True Copy Attestation Only ”. On each document to be attested, applicant will state that “I TAKE FULL RESPONSIBILITY FOR THE CONTENTS OF THE DOCUMENT” and write full name and sign, as in the passport.

Which convention abolishes the requirement of legalization for foreign public documents?

Apostille Convention : The Hague Convention, to which India and USA are signatories, abolishes the requirement of legalization for Foreign Public Documents. With the certification by the Hague Convention 'Apostille', the document is entitled to recognition in India and vice versa and no certification by the Embassy of India is required.

Can a bank statement be used as proof of residence?

Note: Bank/credit card/mobile phone statements are not accepted as residence proof. In case the Embassy receives applications with incomplete documentation, the same would be sent back unprocessed in the return envelope indicating the requisites to complete the application.

Can a birth certificate be apostilled in India?

If any document issued by authorities in India such as birth and death certificates, affidavits, educational documents/diplomas, marriage certificate, Driving License etc. are required to be presented to authorities in USA, those should be apostilled in India.

Is it mandatory to apostille documents?

It is mandatory for the documents issued by the US Government authorities to be apostilled by the relevant authorities in the USA before presenting the document for attestation at the Embassy.

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