how to register in india the power of attorney attested in usa

5 steps to give Power of Attorney from USA for India

1. Attest the power of attorney. Two witnesses should also sign the deed. ...
2. Apply for an apostille to the Secretary of State. ...
3. Send the deed to the Indian Consulate. ...
4. Pay the charges at the Consulate which are $20 (twenty) for every attestation, $10 (ten) or testimony of each photograph and $3 (three) for the Indian Community Welfare cost all of which are non-refundable. ...

Full Answer

Does a power of attorney need to be registered in India?

However if the Power of Attorney gives authority to present a document for registration, then the said POA needs to be registered. A power of Attorney executed outside India should be authenticated before any of the Indian Consulates in that country.

How to get power of attorney at Indian Embassy in USA?

Attestation of Power of Attorney at Indian Embassy. Original passport, address proof, US legal status, 2 photo. US citizen need Apostile. Notary vs Attest. Attestation of Power of Attorney at the Indian Embassy in the USA can be done by post or in-person.

Is attestation of power of attorney the same as registration?

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 (non-resident Indian). Miscellaneous services form. Each Indian embassy their own Misc Services form format – New York, Washington DC, Houston, San Francisco, Atlanta, Chicago.

Where can I get a power of attorney executed outside India?

A power of Attorney executed outside India should be authenticated before any of the Indian Consulates in that country. The firm has drafted and facilitated execution of Power of Attorney both before the Notary Public and the Registrar.

How to get a power of attorney in California?

Where do you apostille documents?

What documents are needed to be presented to the consulate?

How much is the Indian Community Welfare Fee?

What happens if the consulate receives incomplete documents?

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

Which body reserves the right to reject attestation of documents the contents of which are objectionable or contrary to the Rules?

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Is a Power of Attorney from USA valid in India?

Yes, such a Power of Attorney will be acceptable in India. However, it will depend on the state-to-state basis as each of the Indian states have a separate and distinct procedure. The general process is a specific Power of Attorney that will first have to be executed and attested by the Indian consulate in the USA.

How do I get Power of Attorney from USA to India?

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.

How do I register a foreign Power of Attorney in India?

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...

Does Power of Attorney need to be notarized in USA?

Yes, California law requires that the Durable Power of Attorney must be notarized or signed by at least two witnesses. In California, a principal cannot act as one of the witnesses.

Does power of attorney need to be registered in India?

A power of attorney (PoA) is governed by the Powers of Attorney Act 1888. Generally, the registration of a Power of Attorney is not essential. However, if the PoA creates an interest in the property concerned, registration is necessary.

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 NRIs send PoA from abroad and use its attested copy in India?

NRIs register PoA for property purpose: If the NRI is in India, register it on the stamp paper with the sub-registrar office. If abroad, it can be prepared on plain paper & the authority receiver must get it registered from Indian Consulate office. Take along original copies of address as well as identity proofs.

Does power of attorney need to be notarized in India?

Any power of attorney executed outside India needs authentication. It has to be executed in the presence of certain designated officers. So, any power of attorney executed outside India should be authenticated by a notary public of that country , the Indian consul, or by a representative of the Central Government.

What is the procedure for an NRI to get power of attorney from abroad?

“In India, an 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.

Is a Power of Attorney from another country valid in USA?

A POA executed abroad can be used in the United States as long as it is recognized as valid and abides by relevant state law. When the POA is executed, it must be signed at a "notarization appointment" in the presence of a notarizing official at a local United States embassy or consulate.

How can I attest a document in the US?

Attestation of US DocumentsNotarization by a Notary Public;Authentication of commission of the Notary Public by the City/County Clerk;Authentication of the City/County Clerk by the Office of the Secretary of the State in which the document has been notarized;More items...

Is a foreign Power of Attorney valid in the US?

Validate the Power of Attorney so that it is legally acceptable in the U.S. or any other foreign country (for a document to be used in the U.S. this means acquire an apostille certificate); Provide a certified legal translation. This can be done in Italy or in the the U.S.

Can power of attorney be done online in India?

Select your State and start Preparing your Power of Attorney document. Fill the form and make payment online. Print the document and register it.

Can OCI give power of attorney?

OCI can give power of attorney for property sale.

Does power of attorney need to be notarized in India?

Any power of attorney executed outside India needs authentication. It has to be executed in the presence of certain designated officers. So, any power of attorney executed outside India should be authenticated by a notary public of that country , the Indian consul, or by a representative of the Central Government.

How can a NRI give power of attorney?

“In India, an 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.

Consulate General of India, San Francisco, California

Serving the States of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming and territory of Guam

Consulate General of India, San Francisco, California

Sl. No. Service Name. Required Documents. Service Fee . 1. Affidavit for Child’s Passport to be issued in India · Notarized copies of Parent’s passport,

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 to get a PoA in India?

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.

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 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.

How long is a general POA valid?

A general PoA is valid for an unspecified or specified period of time for all commercial, financial, and property-related matters.

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.

How many witnesses do you need to be present at the consulate?

Two U.S.-based persons need to be with you as witnesses. If they cannot be present at the consular office with you, you need to get their signatures notarized.

How many types of power of attorney are there?

There are two kinds of Power of Attorney:

What are the different types of powers of attorney?

There are two kinds of Power of Attorney: 1 A General Power of Attorney (GPA) is one by which authority is given to act for the executor in all matters, or in all matters of particular nature, or concerning a particular business. This POA type confers sweeping & sometimes unlimited powers. 2 A Special Power of Attorney (SPA) is one by which authority is given to do some particular specified act. This POA type confers limited powers & should be the first choice, if circumstances allow.

What is a POA?

The Power of Attorney Act 1882 1A -Definition. A Power of attorney is a formal instrument by which one person empowers another to represent him or act in his stead for certain purposes. The Power of Attorney Act 1882 1A -Definition - In this Act, “Power of Attorney” (POA) includes any instrument empowering specified person to act for and in ...

What is a special power of attorney?

A Special Power of Attorney (SPA) is one by which authority is given to do some particular specified act. This POA type confers limited powers & should be the first choice, if circumstances allow.

Can a notary public register a POA?

An authentication by a Notary Public is sufficient for a Power of Attorney not giving authority to register a document. However if the Power of Attorney gives authority to present a document for registration, then the said POA needs to be registered.

What documents are needed 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.

Which banks accept POA?

Indian banks like SBI, ICICI, HDFC accept notarized POA in the USA to get a home loan without Indian Embassy attestation.

How many witnesses do you need to get notarized?

You need to get all the signatures (2 witnesses + your own) notarized.

How many passport size photos are needed for POA?

Two (2) passport-size photographs to be affixed against your name on POA.

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.

When do you have to come back to collect your PoA?

Deposit the fees and you will most probably be asked to come back after 12 PM (afternoon) to collect the attested PoA.

Is an attestation required for registration?

Attestation is a pre-requisite to registration if you are outside India – NRI ( non-resident Indian).

How to get a power of attorney in California?

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. For residents of California, check the link www.sos.ca.gov/business/notary/authentication.htm - [There is no need for the POA to be apostilled for Indian Passport holders and OCI/PIO card holders. However, the POA documents must be duly notarized ]. Send original and a copy of the document to be attested. Please note that documents may be returned without services if a copy of the same is not provided for office record.

Where do you apostille documents?

Apostilling is done at the offices of the Secretary of State where the applicant resides. For details, please check the state government’s websites. For example, residents of California may check the website www.sos.ca.gov . 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.

What documents are needed to be presented to the consulate?

Ensure that notarized copy is legible, otherwise Consulate may ask to see the original. However, the passport and the apostilled document (which is to be attested) should be presented in original.

How much is the Indian Community Welfare Fee?

Fee : A non-refundable fee of $ 20 (twenty) per PoA and an additional fee of $2 (two) per applications towards Indian Community Welfare Fee (ICWF). For joint PoA, each additional applicant wil have to pay fee of $ 20 (twenty).

What happens if the consulate receives incomplete documents?

In case the Consulate receives applications with incomplete documentation, the same would be sent back unprocessed in the return envelope sent by the applicant.

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.

Which body reserves the right to reject attestation of documents the contents of which are objectionable or contrary to the Rules?

The Consulate reserves the right to reject attestation of documents the contents of which are objectionable or contrary to the Rules.

How many witnesses do you need for a POA?

PoA needs to be signed and witnessed by two individuals (other than immediate family members) with their full names and addresses clearly mentioned. The applicants must get the witness signatures notarized.

Where to send an application for a visa to India?

Please send in the application enclosing a trackable pre-paid self-addressed return mailing envelope to Consular Section, Embassy of India, 2536 Massachusetts Avenue NW, Washington DC 20008. Incomplete applications will be sent back indicating the requisites to complete those.

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.

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.

Can a person with a mental illness be a PoA?

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 be apostilled for OCI?

7 below). 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.

Who authenticates power of attorney in India?

A power of attorney executed outside India has to be executed before and authenticated either by the Notary Public or consularised / apostilled / attested by the Indian Embassy / Indian Consulate present in the country of execution as per the Hague Convention.

When is power of attorney stamped in India?

A power of attorney executed outside India, but which relates to any property situated in India or to any matter or thing to be done in India or received in India is chargeable to stamp duty under the Indian Stamp Act, 1899. As per the prevalent law and practice, the same is required to be stamped / franked / embossed / adjudicated within maximum three months after it is received in India before it can be used for registering / transferring the property.

What is a power of attorney?

As per Section 1A of the Power of Attorney Act, 1882 , a power of attorney includes an instrument empowering a specified person to act for and in the name of the person executing it. It is always kept by the attorney. A power of attorney can be executed by any person who has attained the age of majority and is of sound mind.

When is a power of attorney revoked?

Usually, the power of attorney can be revoked, subject to certain conditions. It is automatically revoked in the event of death or bankruptcy of the grantor.

Can a foreign power of attorney be executed on plain papers?

The person may execute either a Special power of attorney or a General Power of attorney as per his requirements.

Who can give power of attorney to a foreign company?

The director/manager of a foreign company may give power of attorney to one of its employee / executive / signatory authorising him to sign and execute business contracts, tender/bid documents, offer letters, property deeds, agreements and other legal documents in India on behalf of the foreign company.

Who should make signatures on each page of POA?

The executant should make his / her signatures on each page of the POA.

How to get a power of attorney in California?

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. For residents of California, check the link www.sos.ca.gov/business/notary/authentication.htm - [There is no need for the POA to be apostilled for Indian Passport holders and OCI/PIO card holders. However, the POA documents must be duly notarized ]. Send original and a copy of the document to be attested. Please note that documents may be returned without services if a copy of the same is not provided for office record.

Where do you apostille documents?

Apostilling is done at the offices of the Secretary of State where the applicant resides. For details, please check the state government’s websites. For example, residents of California may check the website www.sos.ca.gov . 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.

What documents are needed to be presented to the consulate?

Ensure that notarized copy is legible, otherwise Consulate may ask to see the original. However, the passport and the apostilled document (which is to be attested) should be presented in original.

How much is the Indian Community Welfare Fee?

Fee : A non-refundable fee of $ 20 (twenty) per PoA and an additional fee of $2 (two) per applications towards Indian Community Welfare Fee (ICWF). For joint PoA, each additional applicant wil have to pay fee of $ 20 (twenty).

What happens if the consulate receives incomplete documents?

In case the Consulate receives applications with incomplete documentation, the same would be sent back unprocessed in the return envelope sent by the applicant.

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.

Which body reserves the right to reject attestation of documents the contents of which are objectionable or contrary to the Rules?

The Consulate reserves the right to reject attestation of documents the contents of which are objectionable or contrary to the Rules.