Updated on 01 March 2026
This is Part 2 of our Indian Power of Attorney questions series. Part 1 covered the most common general questions about NRI Powers of Attorney, including the different types of document, property transactions, witnesses, costs and revocation.
This instalment focuses specifically on the practical steps involved in creating, notarising and authenticating an Indian Power of Attorney from the United Kingdom. These are the questions our Indian legal team in London is asked most regularly by NRIs who are going through this process for the first time, or who want to make sure each stage is handled correctly.
We recommend reading both parts together for a complete understanding of how Indian Powers of Attorney work for NRIs based in the UK. Visit Indian Power of Attorney in UK Frequently Asked Questions.
For professional advice or assistance with your Indian Power of Attorney from the UK, please contact our experienced Indian legal team in London on 0208 757 5751 or complete our Contact Form to get in touch.
Can I use a UK Power of Attorney in India?
No. A Power of Attorney prepared under UK law cannot be used in India. The two legal systems are entirely separate and a document created under English law will not be recognised by Indian courts, registrars, banks or government authorities. If you need someone to act on your behalf in India, you must create a Power of Attorney specifically under Indian law, regardless of where you are currently based.
The good news is that an Indian Power of Attorney can be prepared and executed in the UK without you needing to travel to India at any stage. The document will need to go through a specific authentication process before it can be used in India, which we cover in detail in this post.
Can I create an Indian Power of Attorney from the UK without visiting India?
Yes. It is perfectly possible for an NRI based in the United Kingdom to prepare and execute a valid Indian Power of Attorney without travelling to India. The document is drafted in accordance with Indian law, signed before a Notary Public in the UK in the presence of two independent witnesses, and then authenticated through either the Foreign, Commonwealth and Development Office (FCDO) or the High Commission of India in London. Once authenticated, the original document is sent to your attorney in India, who arranges for it to be registered with the relevant local authority.
What documents do I need to make an Indian Power of Attorney in the UK?
The documents you will need to provide will depend on the specific purpose of the Power of Attorney and the nature of the matters being delegated. As a general guide, you will typically need the following:
- A valid passport, which will be used to verify your identity at the point of notarisation
- A recent proof of address, such as a utility bill or bank statement dated within the last three months
- A recent passport-sized photograph
- Details of the property or matter to which the Power of Attorney relates, such as title deeds, property addresses or account references
- The full name, address and identity details of the person you wish to appoint as your attorney
Your legal adviser will confirm precisely what is needed for your particular situation before the process begins.
How do I choose the right person to act as my attorney in India?
Choosing the right person to act as your attorney is one of the most important decisions in this process, particularly if you are granting a General Power of Attorney that covers a broad range of matters. The attorney will have the legal authority to act in your name in India, so the relationship must be built on a foundation of complete trust.
How many copies of the Power of Attorney should I have executed?
Only one original Power of Attorney document is required to be executed, authenticated and sent to India. Copies of the originals may be made where required to be submitted with relevant authorities in India.
Do I need to get my Power of Attorney notarised?
Yes. Notarisation is a mandatory step for any Indian Power of Attorney executed outside India. Under Section 85 of the Indian Evidence Act 1872, a Power of Attorney that has been executed before a Notary Public is presumed by Indian courts to be valid and properly authenticated. Without notarisation, the document will have no formal legal standing and will be refused by Indian authorities.
What does a Notary Public do with my Power of Attorney?
The role of the Notary Public is to verify your identity and to confirm that the signature on the document is genuinely yours. This reduces the risk of fraud and provides formal confirmation that the document was signed willingly and by the correct person who is of sound mind.
Do the witnesses need to be present at the notary appointment?
Yes. At least two independent witnesses must be present at the time the Power of Attorney is signed before the Notary Public. Both witnesses must sign the document themselves in the presence of the notary and should provide their full names and addresses within the document. Witnesses must be adults of sound mind who are entirely independent of the transaction and have no personal interest in its contents.
Does my Power of Attorney need to be printed on stamp paper in the UK?
No. If you are executing the Power of Attorney in the United Kingdom, the document can be printed on plain paper. Stamp paper is only required for documents executed within India.
Is notarisation alone sufficient for a Power of Attorney to be used in India?
No. Notarisation on its own is not sufficient. Once your Power of Attorney has been notarised in the UK, it must also be formally authenticated before it will be accepted by Indian authorities. There are two recognised methods of authentication available to NRIs based in the United Kingdom. The first is obtaining an apostille through the Foreign, Commonwealth and Development Office (FCDO). The second is attestation directly by the High Commission of India in London.
Should I get my Power of Attorney apostilled by the FCDO or attested by the High Commission of India?
Although India has been a member of the Hague Convention since 2004, meaning that an FCDO apostille is technically sufficient under international law, some Indian authorities continue to look for attestation directly from the High Commission of India. The requirements can vary depending on the state in India and the specific institution with which the document is to be used.
What is an apostille and how does it work?
An apostille is a certificate issued under the Hague Convention of 1961. It is attached to a notarised document by the relevant state authority in the country where the document was executed, confirming the authenticity of the notary’s signature and seal. For NRIs in the United Kingdom, the FCDO is the authority responsible for issuing apostilles. Once a document has been apostilled, it is in principle recognised by all member states of the Hague Convention, including India, without the need for any further legalisation or attestation by the Indian Consulate.
How do I obtain an apostille for my Power of Attorney?
Once your Power of Attorney has been notarised by a Notary Public in the UK, you can submit the document to the Foreign, Commonwealth and Development Office to obtain an apostille. The FCDO will attach a certificate to the document confirming the authenticity of the notary’s stamp and signature.
How do I get my Power of Attorney attested by the High Commission of India?
To obtain attestation from the High Commission of India in London, you will need to prepare a formal application and attend an appointment at the High Commission. The process typically involves submitting the notarised Power of Attorney alongside supporting identity documents and paying the applicable fee.
Can I send the Power of Attorney to India by email or as a scanned copy?
No. Indian authorities require the original authenticated physical document. A scanned copy, photograph or electronic version of the Power of Attorney will not be accepted for the purposes of registration or use in India. Once authentication has been completed, the original document should be sent to your attorney in India by a reliable tracked international courier service. Your attorney should be informed in advance that the document is on its way so that they are prepared to receive it promptly and can begin the registration process without delay.
What is the 90 day rule for Indian Power of Attorney registration?
Under Indian law, a Power of Attorney executed outside India must be presented for stamping and registration within 90 days of the date on which it was notarised. This is a strict legal deadline. Where the deadline is missed entirely and no remedial steps are taken, the document risks being treated as invalid and may not be accepted by the relevant Indian authority.
NRIs should carefully factor in postal and courier transit times, as well as any delays that may arise during the authentication process, when planning the overall timeline for their Power of Attorney.
Who is responsible for registering the Power of Attorney in India?
It is the responsibility of the attorney named in the Power of Attorney to attend the Sub-Registrar’s Office in India and complete the registration formalities on behalf of the principal. The attorney will need to present the original authenticated Power of Attorney, produce their own valid identity documents, and pay the applicable registration fees and stamp duty for the relevant state. They may also be required to provide photographs and biometric details at the time of registration.
What is a certified copy of a Power of Attorney and when is it needed?
A certified copy is a copy of the original registered Power of Attorney that has been formally certified as a true and accurate copy by the Sub-Registrar or another authorised official in India. Certified copies are often needed when the attorney is required to deal with multiple parties or institutions in India at the same time, since the original document cannot be in more than one place simultaneously. Banks, courts and other authorities will generally accept a certified copy in place of the original once the PoA has been properly registered. Your attorney in India can arrange for certified copies to be obtained from the Sub-Registrar’s Office once registration has been completed.
Can a Power of Attorney be registered in more than one state in India?
A Power of Attorney that has been registered in one state in India automatically has effect across all other states. Where the attorney will need to act in more than one state, it may be necessary to register the document in each relevant state and to comply with the specific stamp duty requirements that apply in each of those states. Stamp duty rates and certain procedural requirements vary between states, and your legal adviser will need to take these differences into account when preparing and advising on the document.
What happens if the Power of Attorney is lost or destroyed before it is used in India?
If the original authenticated Power of Attorney is lost or destroyed before it has been used or registered in India, a replacement will generally need to be prepared from the beginning. This means the document will need to be redrafted, re-executed before a Notary Public and re-authenticated through the FCDO or the High Commission of India. This is one of the reasons why it is important to use a reliable tracked courier service when sending the document to India and to retain a secure record of the entire process, including dates and reference numbers.
Can a Power of Attorney be used to open or operate an NRO or NRE bank account in India?
Yes. A Power of Attorney can authorise an attorney to open or operate a Non-Resident Ordinary (NRO) or Non-Resident External (NRE) account on behalf of the principal. This can include making deposits and withdrawals, managing fixed deposits, dealing with correspondence and carrying out other day-to-day banking transactions. Each bank has its own specific requirements regarding the format and scope of the Power of Attorney it will accept for this purpose. It is strongly advisable to check directly with the relevant bank before the document is finalised, to ensure it is drafted in a way that meets their particular requirements.
Is there a standard format for an Indian Power of Attorney?
There is no single prescribed format for an Indian Power of Attorney under Indian law. However, the document must meet certain legal requirements in terms of its content and structure in order to be valid and enforceable. It must clearly identify the principal and the attorney, set out the scope of the powers being granted with sufficient precision, include the correct execution formalities and comply with the requirements of the Power of Attorney Act 1882 and any applicable state-specific rules. This is one of the principal reasons why professional drafting by a legal adviser with specific knowledge of Indian law is so strongly recommended.
Can I grant a Power of Attorney for matters in multiple states in India?
Yes. It is possible to create a Power of Attorney that is intended to cover matters in more than one state in India.
What should I do if my attorney is not acting properly?
If you have reason to believe that your attorney is not acting in accordance with the powers granted, is misusing the authority given to them or is otherwise failing in their duties, you should take action without delay. The first step is to formally revoke the Power of Attorney by executing a deed of revocation and serving written notice on the attorney. The deed of revocation must go through the same authentication and registration process as the original Power of Attorney to be legally effective.
If you believe a serious breach has occurred, or if you are concerned that property or assets may have been misused, you should seek independent legal advice in India as a matter of urgency. Depending on the circumstances, it may also be necessary to notify the relevant Indian authorities.
Can the principal still deal with their own affairs in India after granting a Power of Attorney?
Yes. Granting a Power of Attorney does not affect the principal’s own right to deal directly with their affairs in India. If the principal visits India and wishes to handle a matter in person, they are entirely free to do so. The Power of Attorney simply provides an additional and practical mechanism for matters to be dealt with during the principal’s absence. Both the principal and the attorney can act, though it is sensible to maintain clear communication to avoid conflicting actions being taken simultaneously by both parties.
How Whytecroft Ford Can Help
Preparing a valid Indian Power of Attorney from the UK involves several important steps, each of which must be completed correctly for the document to be accepted in India. Our Indian legal team at Whytecroft Ford in London has extensive experience in guiding NRIs through this process from start to finish.
Call us on 0208 757 5751 or use our Contact Form to get in touch with our team.
