Updated on 01 March 2026
Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs) living in the UK who own Indian property, have bank accounts or other legal dealings in India often find themselves in complex legal situations as the legal procedures in India can be quite different compared to the UK. Sending a power of attorney to India can help reduce travel frequency and hassle and make life easier for such individuals.
An Indian Power of Attorney that is not executed in the correct manner will render the document invalid, resulting in a waste of time and money. This post outlines the three main steps when sending a power of attorney from the UK to India.
Step 1. Draft the Indian Power of Attorney
The best way to begin the process is to seek advice from a professional who is experienced in Indian Law. There is vast conflicting information online, and seeking the right legal advice will save time and money.
The content and structure of the power of attorney document are vital. You must ensure that the content is clear, concise to ensure the Attorney can carry out the intended tasks. The contents of the power of attorney must adhere to Indian Law. If the local authorities or officers in India find the contents of the power of attorney ambiguous, they may refuse to process the document.
Your attorney (who is acting on your behalf) in India may also send you a drafted Indian power of attorney. However, usually these are generic templates that may or may not cover intended scope of work or have more powers than what are required, for example, one may wish to limit powers to property management rather than include an option for property sale. If you have received a generic template power of attorney, it is strongly recommended that you seek professional advice allowing you to make a valid power of attorney customised to your specific circumstances.
The Indian power of attorney should be structurally correct. In addition to the correct legal language, the document must be signed by two witnesses that are not related to the person giving the power of attorney.
For professional drafting services for your Indian Power of Attorney, contact our experienced Indian Legal Team, call us on 0208 757 5751 or use our Contact Form to get in touch.
Step 2. Legalise the Power of Attorney in the UK
After the power of attorney document is drafted in a manner that conforms to Indian Law, the next step will be to legalise it for use in India. Without adhering to the specific legalities of this process, the power of attorney document will not be accepted by the Indian authorities.
Firstly, the power of attorney will have to be notarised by a Notary Public. A Notary Public who is familiar with the requirements of Indian legal documents may be helpful, but is not a requirement. Sometimes, a Notary Public may refuse to assist you or even deter you from giving an Indian power of attorney as they may be unfamiliar with the processes under Indian Law. Nonetheless, Notaries are primarily concerned with the authentication and certification of signatures, authority and capacity relating to documents for use abroad. Hence, it may not be necessary to seek advice from a Notary public with regards to the contents of the document under Indian Law. The two witnesses will sign the document in the presence of the Notary Public, and the Notary Public may charge you anywhere between £20 -£100.
The next step will be to visit the Indian High Commission in London (or the consulate branch in Birmingham or Edinburgh) to get your documentation attested. The Indian High Commission has specific requirements for individuals who require attestation of their documents. Along with other documentary evidence, you will have to book an appointment and pay a fee of £19. Alternatively, you may get the document apostilled by the Foreign and Commonwealth Development Office by applying online.
Step 3. Send the Power of Attorney to India
Once your Indian power of attorney is legalised from the UK, send the document via registered post to the address of your Attorney in India. Your Attorney will need to register the document in the offices of the Sub-Registrar or Secretariat of the relevant area in India. Your Attorney must present and submit evidence of his/her identification alongside the power of attorney. A small fee will also be payable to process the document.
Once the Indian power of attorney has undergone the legal formalities described above, it becomes legally valid and active, and your Attorney can proceed to use the document for its intended purpose.
How Whytecroft Ford can help
Our team comprises highly experienced professionals in the field of Indian property law. Over the years, we have garnered extensive expertise in assisting numerous individuals in the creation of their Indian Power of Attorneys, facilitating efficient management of their legal affairs.
To discuss your Indian Power of Attorney with an experienced member of our team, call us on 0208 757 5751 or use our Contact Form to get in touch.
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Frequently Asked Questions
A foreign Power of Attorney is valid in India if it is drafted as per Indian Law, duly notarised, attested by the Indian Consulate and registered with the relevant authority in India.
You can cancel your Power of Attorney from abroad through a Deed of Revocation.
Indian Power of Attorneys are required to be physically stamped, so this cannot be done online.
No, you will need to make a new POA under Indian Law. A POA or LPA made for the UK will not be accepted in India.
