The convenience of an Indian Power of Attorney (POA) will save time and money. An Indian POA document can make your life easier or more complicated, depending on critical factors. One of the most important aspects of making an Indian POA outside India is choosing the right person to be your attorney. A poor choice of attorney will cost you exponentially more in legal battles.
The ideal choice of attorney would be a spouse or a relative who can be trusted without question; however, if a lawyer or an acquaintance is to be your trusted attorney, you must be aware of the powers being granted. The appointed attorney can make specific decisions that are legally binding on you.
The easiest way to make a Power of Attorney for India would be to opt for a comprehensive service. Our POA Pack Service includes drafting by an experienced professional, step-by-step guidance on the execution process and a Deed of Revocation template, which can be used when the POA needs to be cancelled.
Cost of making an Indian Power of Attorney in the UK
Depending on the purpose of the Power of Attorney, there are some fixed and some optional costs that are involved, such as:
Indian POA Legal Advice
As a starting point, it is highly recommended that you seek legal advice based on your specific situation and whether a POA is suitable or even possible. Legal advice can range anywhere from free initial advice to upwards of £350 per hour if the caseworker is senior.
Usually, extra documents are required whilst applying for home loans in India. If the Home Title documents are not in English, you will have to pay to translate them. Translation costs may vary depending on the location and nature of the paper, anywhere between £5-£50 per document.
Fees of the attorney
Unless you have chosen your spouse or relative as your attorney, you may choose a trusted lawyer or a professional representative. In this case, you may incur a fee for their services. The fees for professional services will vary depending on factors such as the location in India, the seniority of the attorney, the nature and complexity of the matter, etc.
Drafting costs of the Indian POA
Many NRIs use generic power of attorney templates taken from the internet to sell property in India to save on the cost of making a POA. However, this is not advisable as there is a risk of a power of attorney being rejected by the Indian authorities due to reasons such as – improper structure, powers being too vague or the property not specified in the correct manner, etc. Therefore it is essential to understand the contents and ensure that the powers granted will meet the situation’s needs. Drafting costs will vary based on the complexity of the problem and the level of advisor; this may cost between £275 to £1000 plus.
Costs to validate the Indian Power of Attorney
The NRI POA must undergo a specific legal process to be valid and accepted by the Indian authorities. Due to conflicting online information, many NRIs and OCIs are unfamiliar with the proper procedure to make a valid POA.
The total costs for validating the NRI PoA from the various authorities in the UK and in India can range from £100-£250. The execution process includes notarisation from a Notary Public, attestation from the Indian Consulate in the UK and finally, registering the POA in India with the relevant local authorities.
Sending the POA via registered post to India
If you are sending the POA to India via post, it is recommended that the post be tracked and signed for. There is always a risk of mail being lost or damaged along the way, whether using a postal service or a courier company. Tracking the document will add an element of assurance, and you can retain the receipt as proof of postage.
You can expect to pay between £15-£50 depending on the urgency of the situation and the company you use, this will add to the Indian Power of Attorney cost.
Cost of Cancelling the Indian Power of Attorney
Unless a power of attorney includes a ‘valid till’ clause, cancelling the POA is a crucial step many individuals overlook.
Revoking a POA will give you peace of mind and ensure that the document can no longer be used in your name.
Unfortunately, revoking an NRI PoA will cost almost the same as making it, if not more. Under Indian Law. the revocation being a deed must be executed in the same manner as a power of attorney. And there are a few extra steps that you will need to undertake to revoke an NRI PoA.
We will discuss the revocation of Indian power of attorney in an upcoming post.
- POA Pack Service
- Sending a Power of Attorney from the UK to India
- Top 5 NRI Power of Attorney mistakes to avoid
- Pros and Cons of an NRI General Power of Attorney
- Power of Attorney Guide for Non-Resident Indians
- PAN Card for Non Resident Indian
Frequently Asked Questions
The cost will depend on your situation and the number of documents involved. Typically, making an Indian POA in the UK can cost between £200 to £500 and possibly more.
Our team can assist you with your Indian POA; please visit our Indian Power of Attorney Services page to learn more.
The cost of registering a Power of Attorney in India should be between Rs. 2000 and Rs. 5000, including government fees and lawyer fees.