An Indian Power of Attorney (POA) lets a UK-based donor authorise someone in India to act on their behalf. The document must be supported by identity, address and property evidence for the donor, the attorney and the witnesses. A POA submitted with a missing or mismatched document may be rejected by the notary, by the apostille/attestation office, or by the Indian sub-registrar. This post provides an overview of the documents required for an Indian Power of Attorney for Non-Resident Indians (NRIs).
What documents are required for an Indian Power of Attorney?
An Indian POA requires three sets of documents. These are identity and address evidence for the donor, identity evidence for the attorney in India, and identity evidence for the witnesses. Where the POA concerns property, it may require the property documents for accurate details of the property. Or if the POA concerns a court case, then the case details should be mentioned in the POA.
The donor is the person granting the authority, also called the grantor. The attorney, or donee, is the person in India who is authorised to act. The exact documents depend on the donor’s nationality, the attorney’s residence, and the purpose of the POA. Each set is set out in the sections below. The full execution process is covered in the guide on how to make an Indian Power of Attorney in the UK.
What documents does the donor need?
The donor must provide proof of identity, proof of a current UK address and passport photos. These are the core documents the notary checks before the POA is signed.
The donor’s identity is proved by a valid passport. A donor who is not a British citizen should provide proof of UK immigration status. Proof of address is provided by a recent document, such as a council tax bill, utility bill or bank statement. It is usually dated within the last three months. Two passport-size photographs are commonly required, particularly where attestation at the High Commission of India is used instead of an apostille.
What documents does the attorney in India need?
The attorney named in the POA must provide proof of identity and a current address, so the sub-registrar can verify who holds the authority. The attorney’s details must appear in the POA exactly as they appear on these documents.
For an attorney resident in India, identity is proved by a passport, Aadhaar card or other government photo identity. The attorney’s full Indian address must be stated, supported by an address document. Where the attorney is not resident in India, identity is proved by a passport, with proof of immigration status and address in their country of residence. Two passport-size photographs of the attorney are commonly required for registration. The name on the attorney’s documents must match the name written in the POA, because a mismatch can stall registration at the sub-registrar’s counter.
What documents are needed for the witnesses?
An Indian POA is usually witnessed by two witnesses, each of whom must provide proof of identity and a current address. The witnesses confirm that they saw the donor sign the document.
Each witness provides a valid passport, together with a recent proof of address such as a utility bill. A witness who is not a British national should also provide proof of immigration status.
What property documents are required where the POA deals with property?
Where the POA authorises the attorney to deal with property, the donor must also provide the property documents, so the property can be specified in the Power of Attorney. Indian registrars will find it easier to locate a property described as it appears on the title record, not by its postal address alone.
The core property documents are the title deed, the latest mutation record, and the most recent property tax or rates receipt. The POA should describe the property using the description on the title deed, including the survey, khasra or khatauni numbers where they apply. A POA that describes the property only by a colloquial address may be queried at registration.
How are the documents executed and authenticated in the UK?
The documents support a POA that is signed before a UK Notary Public and then authenticated by apostille or attestation before it is sent to India. The supporting documents are checked at the notarisation stage and travel with the POA.
The donor signs the POA before a Notary Public, who verifies identity against the passport and address evidence and witnesses the signature. The notarised document is then apostilled by the Legalisation Office of the Foreign, Commonwealth and Development Office under the Hague Apostille Convention 1961. Because the United Kingdom and India are both party to that Convention, the apostille is the recognised authentication for a standard property POA. Alternatively, the POA may be attested by the High Commission of India. The original POA is then couriered to India. There it is stamped and, where it deals with immovable property, registered with the sub-registrar. That framework is set out in the guide on the laws that govern an Indian Power of Attorney. The position on Indian stamp paper, and why UK stamping is not a substitute, is covered in the guide on stamp paper for an Indian POA.
Which documents are not accepted?
Several documents look valid but are not accepted for an Indian POA, and submitting them causes delay. The most common are documents that have not completed the UK authentication chain, or that do not match the Indian records.
The following are not accepted:
- A POA notarised in the UK but not subsequently apostilled for use in India.
- A photocopy or scanned image of the POA, because the original wet-ink signed and apostilled document is required.
- A POA in which the donor’s name does not match the spelling on the Indian title deed.
- An expired passport or an out-of-date proof of address.
What happens if a document is missing or incorrect?
A defect found at notarisation is corrected before signing, which is the least costly point. A defect found at the apostille stage or in India usually requires the POA to be re-executed and re-authenticated. An apostille cannot be added to a document after the event without repeating the steps. A name mismatch against the title deed is corrected by re-drafting the POA to match the Indian records exactly. The guide on what to do when an Indian POA is rejected sets out the cure and re-execution route. Preparing the documents correctly at the outset is the most reliable way to avoid a repeat of the notarisation and apostille fees.
How Whytecroft Ford can help
The Whytecroft Ford Indian Law Team advises NRIs and OCIs in the UK on preparing a Power of Attorney for use in India. The firm confirms the documents required for the specific donor, attorney and transaction. It drafts the POA to match the Indian records, and guides the donor through notarisation and apostille. This is particularly valuable for a donor managing a property matter in India from the UK, where a returned document can hold up a transaction.
To discuss an Indian Power of Attorney with our Indian law team, call 0208 757 5751 or use the contact form.
Sources and further reading
- Powers of Attorney Act 1882 (India Code): the governing statute for powers of attorney in India.
- Registration Act 1908 (India Code): section 17, compulsory registration of documents relating to immovable property.
- Indian Stamp Act 1899 (India Code): stamp duty on instruments, including powers of attorney.
- Hague Convention of 5 October 1961 (Apostille), HCCH: the Convention under which UK-executed documents are authenticated for use in India.
This article is for general information only and does not constitute legal advice. Whytecroft Ford advises UK-based clients on Indian law matters including Power of Attorney, PAN Card and Indian property work.
