Updated on 01 March 2026
Sending an Indian Power of Attorney from the UK to India does not have to be a complicated process. However, small mistakes can lead to significant consequences, including delays, additional costs and, in some cases, the document being rejected altogether by the Indian authorities or courts.
Many NRIs and Overseas Citizens of India (OCIs) are not fully familiar with the legal requirements that apply to a foreign Power of Attorney under Indian law. What may come as a surprise is that some legal professionals on both sides, whether in the UK or in India, are also unaware of the formalities involved in making a valid Indian Power of Attorney from outside India.
For professional advice or assistance with your Indian Power of Attorney, please contact our experienced Indian legal team in London on 0208 757 5751 or complete our Contact Form to get in touch.
Mistake 1: Incorrect Details on the Power of Attorney
Every detail specified in an Indian Power of Attorney must be accurate and must match the information shown in the supporting documents. This includes personal details such as the full legal name and address of the principal, as well as any property details where the PoA relates to a property transaction.
A common example of this mistake is where the full name used in the Power of Attorney differs from the name shown on the principal’s passport. Even a minor discrepancy in spelling or formatting can be enough for the document to be rejected. Before signing anything, it is essential to check all details carefully against the relevant identity and title documents.
Mistake 2: Not Understanding the POA Scope
A Power of Attorney is a legally binding document. Any action taken by the attorney under its authority is equally binding on the principal. It is therefore essential that the principal fully understands the scope of the powers they are granting before the document is executed.
A sensible precaution is to avoid granting powers that are not actually needed for the purpose at hand. For example, if the Power of Attorney is being created for the purpose of managing a property, there is no reason to include powers relating to the sale of that property. Keeping the scope of the PoA as focused as possible reduces the risk of the authority being misused.
If you are uncertain about which powers to include, we strongly recommend seeking professional legal advice before proceeding.
Mistake 3: Incorrect Execution Process
The legalisation process for an NRI Power of Attorney has strict requirements that must be followed precisely. The document will not be accepted in India if the correct procedure has not been observed.
Depending on the purpose of the Power of Attorney, the document will need to be either legalised through the Indian High Commission or apostilled through the Foreign, Commonwealth and Development Office (FCDO) before it is sent to India. Simply having the document notarised by a UK solicitor or verified as a Commissioner for Oaths is not sufficient on its own.
It is important to confirm which method of authentication applies to your specific situation before the document is signed and submitted.
Mistake 4: Choosing the Wrong Person as Attorney
The choice of attorney is one of the most important decisions a principal will make. A Power of Attorney places considerable trust in the person appointed, and any actions they take under its authority are legally binding on the principal.
Before appointing someone as your attorney, you should be confident that they are both trustworthy and capable of handling the responsibilities involved. Cases where an attorney has taken advantage of the powers granted to them do arise and can lead to complex and costly legal disputes.
If you do not have a person in India whom you trust sufficiently to act as your attorney, it is strongly advisable to make alternative arrangements to manage your affairs in person rather than granting broad authority to someone who may not act in your best interests.
Mistake 5: Not Cancelling an Indian Power of Attorney
Once an Indian Power of Attorney has served its purpose, it should be formally cancelled. It is possible to include a clause in the original document specifying that the Power of Attorney will expire automatically upon completion of a particular task or after a specified date. Where no such provision has been included, the document should be revoked through a properly executed deed of revocation.
Leaving a Power of Attorney in place when it is no longer needed creates unnecessary legal risk. Until it is formally cancelled, the attorney technically retains the authority to act under it. Cancelling the document promptly once it has fulfilled its purpose is an important step in protecting the principal’s legal position.
How Whytecroft Ford Can Help
At Whytecroft Ford, we work with clients based in the UK and around the world to ensure their Indian Power of Attorney is prepared, executed and authenticated correctly. Our Indian legal team in London understands both the UK and Indian legal requirements that apply to this process and can guide you through each step with confidence.
For advice or assistance from our experienced Indian legal team call us on 0208 757 5751 or use our Contact Form to get in touch.
