Attestation of Power of Attorney at Indian Consulate – USA

Attestation of Power of Attorney at Indian Embassy. Original passport, address proof, US legal status, 2 photo. US citizen need Apostile. Notary vs Attest.

Written by Anil Gupta
  By Anil Gupta          Updated  11 Mar, 20 #power of attorney

929        

Attestation of Power of Attorney at Indian Embassy in USA can be done by post or in-person.

SFO embassy (San Francisco) requires Apostile by US state before attestation while New York, Washington DC, Houston, Atlanta, Chicago may or may not require Apostile.

Attestation of power of attorney is NOT same as registration of power of attorney. Attestation is a pre-requisite to registration, if you are outside India – NRI (non-resident Indian).

Documents for Attestation of Power of Attorney

  1. Miscellaneous services form. Each Indian embassy their own Misc Services form format – New York, Washington DC, Houston, San Francisco, Atlanta, Chicago.
  2. Original Passport + Copies of all non-blank pages including first and last page.
  3. Copy of Address proof in USA – 1 address proof is required – US bank statement, driving license, utility bill, Home lease agreement etc.
  4. Valid Visa copy – Valid H1B, H4, L1 etc. Remember that B1/B2 is not considered valid for creating POA.
  5. Original Visa petition – approval notice i797 or USCIS issues receipt number for extension filing.
  6. Original i94 + Copies – In case of electronic i94, just take the print-out with you.
  7. 2 passport size photograph to be affixed against your name on POA.

NOTE: It is advised to carry the original version of the documents with you for verification, in case consulate asks for it.

The process of registering the POA does NOT require ‘attestation‘ if you are still in India and planning to leave soon. i.e. you are about to leave and want to give power of attorney to someone in your family or a friend.

#1 Notarize Power of Attorney

2 witness signatures are required for attestation of Power of attorney. Witness can be anyone holding a valid US ID proof with an address and photo.

Witness should preferably be other than immediate family members.

Witnesses CAN go to Indian Consulate with you?

There is NO need to get the notarization.

Witnesses CANNOT go to Indian Consulate with you?

Take signatures of 2 witnesses on this POA in the presence of Notary.

Free notary is available in most town’s library, banks like Bank of America (Free if you have an account with them) and your own office would have one.
Paid notaries are available at USPS offices/shops too.

You should NOT sign the POA yet. It is to be done in front of Indian consulate. If the notary insists on your sign, then you can sign.
You will be required to sign once again in Indian Embassy.

#2 Apostile PoA

You may or may not need Apostile based on your current Passport and the Indian Embassy you are applying at.

If you need Apostile, check US secretary of state office website for Apostile process. Supporting documents do not need Apostile.

#3 Attestation of PoA at Indian Embassy – In Person

  1. You should either have 2 witness travel with you to embassy or have the notarized POA.
  2. Each embassy office has time window normally between 9 AM to 11 AM to accept in person attestation requests.
  3. If both you and your spouse have been named as executant in POA, then both of you need to be present in Embassy physically with your original passports.
  4. Your original POA, a photocopy and original passport would be taken up by the consulate officer after making you sign in front of him.
  5. Deposit the fees and you will most probably be asked to come back after 12 PM (afternoon) to collect the attested PoA.
  6. Show the receipt and collect the attested POA and your passport. You are all set.

#4 Attestation of PoA at Indian Embassy – By Mail

  1. You need to get all the signatures (2 witness + your own) notarized.
  2. Get the fees cashier check or money order. The return shipping check has to be made separately. The amount differs by each embassy. No need to send the return shipping envelope. They take care of it with the return shipping fees that you send.
  3. Send the documentary proof (only photocopies) with an exception of original passport to the Indian consulate. The consulate will attest and return the documents back to you within a week.

Registration of ‘Attested Power of Attorney’ in India

Registration of ‘attested POA’ can only be done in India. Send PoA to India and then follow steps to register this POA.

Attestation fees Per Page

The attestation fees is charged per page or per document varies by each Indian Embassy. Call and check before making any money orders

New York Indian Embassy charged us fees per document instead of per page (2 executants with 1 page of POA): fees $23.

Indian consulate new york power of attorney fees receipt
Indian consulate new york power of attorney fees receipt

People have reported that Indian Embassy at Washington charges the fees per signature and per page attestation.

Leave Blank Space

We do not think any blank space on top of the POA page is required.

General vs Special PoA Buying Flat

The builder will require a special power of attorney for the property purchase in India.
You can confirm from the developer before-hand or to be on a safer side, create a special power of attorney.

Embossing Power of Attorney

Embossing is part of Notarization process in USA creating raised relief images and designs in the paper to make the original copy tamper proof.

Embossing is not required for power of attorney.

Sample embossing:

Embossed notary public seal
Embossed notary public seal

Use only notarized POA in India

It depends on the third party like a bank or builder who needs this POA to make a decision on what level of attestation is needed.

Indian banks like SBI, ICICI, HDFC accept notarized POA in USA to get home loan without Indian Embassy attestation.

So, the best option is to ask the end user of the POA about the requirements.




Recent discussion on forum

  1. Laya_Kota
    Laya_Kota

    Hey Anil,
    I want to take student loan from india. Can i know the procedure, i have a POA document from my bank. So how do i proceed next? I’m planning to get POA attested through post.
    Thank you


  2. Laya_Kota
    Laya_Kota

    I read the article. My doubts are:

    1. Do i need to take local nottary signature on my POA?
    2. What should i write in witness document for witness signature?


  3. Laya_Kota
    Laya_Kota

    Thank you so much for the help Anil :slight_smile:


  4. SunnySharma85
    SunnySharma85

    Hi. We were able to get POA done from New York consulate. Hassle free process. We sent it to India to POA holder. When they went to SDM office, the lawyer said that since package is open, this cannot be accepted. They are asking that all documents should be sent back in a sealed envelope again. Is this a requirement or a way to make money?


  5. Suman_Sarkar
    Suman_Sarkar

    Hi Anil,

    CGI Houston mentioned: If the applicant presents himself/herself in person at the Consulate, the Original and a photocopy of the Power of Attorney must be submitted. It is reiterated that no notarization is necessary in such cases. The applicant can self attest.

    That’s point. 6 at CGI Houston Miscellaneous Services > Attestation of Power of Attorney, under Required Documents

    Does that mean 2 witnesses no longer needed for POA attestation? Please clarify.


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  929 Useful Questions & Answers

  1. Karthik Agaram Venkatesh
    Karthik Agaram Venkatesh 22 May, 19 at 9:35 am

    If witnesses cannot come to the embassy, then we need to get the Power of Attorney notarized at notary public along with witness signatures before going to embassy. Is my understanding correct ? Will the embassy attest the POA if I have it already notarized and signed ? Please let me know.


    • Anil Gupta
      Anil Gupta 22 May, 19 at 1:06 pm

      Yes, your understanding is correct. The information mentioned in above article is based on real life experience.


  2. Mahesh M
    Mahesh M 20 May, 19 at 11:41 pm

    Hi Anil, I’m working on General Power of attorney to get attested. I have all the documents with me. My bank manager needs my visa, bank statement, Pan card & aadhar card, my job offer letter are to be attested by Consulate of India. Do they attest all these documents apart from PoA? If yes, Do I need to notarize and Apostle all these documents before I take it to the embassy? Thanks.


    • Anil Gupta
      Anil Gupta 21 May, 19 at 5:35 am

      The process for attestation is same for all documents with Indian embassy.

      You should check the specific embassy website or call them to ask if they will attest other documents too.


      • Mahesh M
        Mahesh M 21 May, 19 at 10:15 am

        I don’t see Consulate of India, SF had mentioned those details on their website. Anyways, I will contact them. Thank you!


  3. venkat kumar
    venkat kumar 19 May, 19 at 5:12 am

    Hi Anil , both myself and my wife are executants . Should one Misc form enough or we need to fill two forms ?


    • Anil Gupta
      Anil Gupta 19 May, 19 at 11:44 am

      One misc form is fine.


  4. Rama Krishna S Burugupalli
    Rama Krishna S Burugupalli 29 Apr, 19 at 9:52 pm

    Misc form link for SFO is not working. Can you please provide correct link of the form? Thanks in advance!


    • Anil Gupta
      Anil Gupta 30 Apr, 19 at 8:20 am

      Thanks. Misc form link for SFO is updated now. Let me know if you need more information.


      • Krish
        Krish 30 Apr, 19 at 1:45 pm

        Thank you Anil, really appreciate!


  5. Khan
    Khan 25 Apr, 19 at 10:11 am

    Misc form link for New York does not work. Can you please provide correct link of the form. Thank You


  6. Srini
    Srini 17 Mar, 19 at 8:05 pm

    Hi Anil, I am US citizen with Indian origin with OCI. I am selling a plot in India. We have a buyer. I am planing on giving SPA to my uncle. The buyer/agent are ok with it. They sent me SPA agreement as well as the Sale Deed – As per their instructions, I need to sign every page of both documents, add a picture, have two witnesses signed and attested by Indian consulate. I am in NYC and planning to go in person. I see majority of the discussion here is about POA. Can you please throw some light on the actual Sale Deed. Do we need to go through the same process (sign every page, witness signatures, consulate attestation)? Really appreciate your help.


    • Anil Gupta
      Anil Gupta 17 Mar, 19 at 8:05 pm

      Yes, the process is same for attestation by Indian embassy.


      • Srini
        Srini 17 Mar, 19 at 8:41 pm

        Thanks Anil. I was clear about the witness signatures on the SPA. I was not sure if the witness attestation listed on the sale deed whether they are witnesses in US or witnesses in India when the actual registration happens. Thanks again.


        • Anil Gupta
          Anil Gupta 17 Mar, 19 at 9:10 pm

          Witness in USA are for your signature attestation.
          The two witness would again be required in India for property registration.


  7. suneeti kher
    suneeti kher 13 Mar, 19 at 3:30 am

    My son, (US citizen) gave POA to his friend to sell a piece of land in Indore MP to his friend. It was duly notarized and apostilled as you suggest but we did not register it. Should it be registed in Indore registry?
    Thanks for your help.


    • Anil Gupta
      Anil Gupta 13 Mar, 19 at 9:41 am

      As per my information, POA should be registered for buying or selling property.


  8. Rahul Singhal
    Rahul Singhal 5 Mar, 19 at 5:35 pm

    Hi Anil, I am trying to understand the process for getting a GPA from SFO which i (along with my wife) can give to my brother for registering the apartment in india. I was in india recently and got the GPA for my brother but forgot to add my wife’s name in GPA. The property is joint name. Now builder is asking for another GPA for my wife too. I have few questions –

    1- Do you suggest to create GPA for both of us (husband and wife) again from SFO as mine was created in india?
    2- If yes, can it be a one GPA with both the names or separate ?
    3- Do we need to glue the photo for all of us (3) or just of my brother. The GPA format which is given to me has the space for attorney photo but not for the executer.
    4- Do we need to take the signature of my wife along with the 2 witness in front of notary or just the 2 witness before sending it to appostile.
    5- signature space will be left blank for attorney as my brother is in india ?
    6 – do we need to attest all the pages in indian consulate?

    sorry for lot of questions. thanks for helping in this matter.


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 8:28 pm

      I request you to please read the article. It has all the answers.


  9. Ashutosh Sharma
    Ashutosh Sharma 4 Mar, 19 at 12:32 am

    Hello Anil,

    I need an affidavit from my sister from USA. They are going to notarize it in USA. I want to know if they need to emboss it in USA Indian embassy. Need an affidavit only, there is no need for POA. We need affidavit for india use.

    thank you


    • Anil Gupta
      Anil Gupta 4 Mar, 19 at 8:53 am

      Indian embassy attestation is needed or not is dependent on the purpose in India. If the organization who is going to use it in India is okay with only the notarized affidavit, then you can use it.


  10. Athul Sreehari
    Athul Sreehari 26 Feb, 19 at 4:55 pm

    Hello Anil,

    SF embassy website has changed from http://www.cgisf.org to https://www.cgisf.gov.in , just in case you want to update the hyperlinks.


    • Anil Gupta
      Anil Gupta 26 Feb, 19 at 11:05 pm

      Thanks for the information. I will update the links.


  11. Munga raghu srinivas
    Munga raghu srinivas 22 Feb, 19 at 12:04 pm

    I am planning to send all documents related to POA to Atlanta Indian consulate through post. Can anyone please let me know whether they have faced any situation like delay from consulate in sending your documents back? My POA is 3 pages, should i sign on each paper? and should i pay fees for each page?


    • Anil Gupta
      Anil Gupta 22 Feb, 19 at 5:11 pm

      It is recommended to sign on each page and pay fees per page.
      I had answered similar questions for Atlanta embassy POA by mail here.


      • Munga raghu srinivas
        Munga raghu srinivas 23 Feb, 19 at 12:19 pm

        Thanks. I have one more question, do we have to notarize address proof documents and VISA approval notice ? when we send through mail


        • Anil Gupta
          Anil Gupta 23 Feb, 19 at 4:13 pm

          Yes, notarization is required for documents.


  12. Sunny Grewal
    Sunny Grewal 21 Feb, 19 at 10:44 am

    Anil, I am a US naturalized citizen, born in the UK. My parents are originally from India and we have bank accounts and property that is in all our names. I want to execute a POA to give to my mother (father deceased) authority to make all financial and property related decisions in India. I live in Houston Texas. For clarification, do I need the POA apostilled prior to getting it attested from the Indian Consulate? I only ask because I’ve read conflicting information. The exact language is as follows:
    Attestation of Power of Attorney

    Consular Officer reserves the right to reject attestation of documents which are objectionable or contrary to the rules. Document submitted by foreign national will be attested only if the document is required to be submitted for a transaction in India or it originates from India.

    In the case of US nationals, their signatures should be first attested by the Authentication Division in the State Department before submission for attestation at the Consulate. Other foreign nationals should get their signatures on the document attested first by their respective Embassy/Consulate.

    We encourage receiving the Applications through post. Applications received through post will be serviced in 3-5 business days.


    • Anil Gupta
      Anil Gupta 21 Feb, 19 at 4:37 pm

      If you read the article above, I have given the link to checking Apostile requirement for each Indian embassy. Please use it and you will now if you need it or not.


      • Sunny Grewal
        Sunny Grewal 21 Feb, 19 at 4:51 pm

        Thanks, according to the link if I show up in person (Houston) there is no Apostille requirement!


        • Anil Gupta
          Anil Gupta 21 Feb, 19 at 9:00 pm

          Great. Enjoy.


  13. Sands Andy
    Sands Andy 18 Feb, 19 at 6:04 pm

    Hi Anil,
    I will be sending the POA and supporting docs by mail in NY. Their website says ”
    Please send a track able pre-paid return mailing envelope to the /Consulate No. 3, East 64 Street, New York 10065 ( between 5th and Madison Avenue) (This is mandatory).”
    Not sure if that is correct since you have mentioned it is not necessary to send return envelope.
    Also it is not mentioned on their website how much is the return shipping. Would you know how much is to be paid for return shipping.


    • Anil Gupta
      Anil Gupta 18 Feb, 19 at 8:07 pm

      Each Indian Embassy’s requirements are different. If NY embassy website says that send a return envelope, then you should send return envelope with shipping label already pasted on it.


      • Sands Andy
        Sands Andy 4 Mar, 19 at 8:21 am

        Hi Anil,
        I am sending all documentation by mail to NY Consulate. Would you know if i need to send the Green Card original or just a notarized photocopy will suffice?


        • Anil Gupta
          Anil Gupta 4 Mar, 19 at 9:04 am

          Only Indian Passport is needed in original. All other documents should just be a notarized copy.


          • Sands Andy
            Sands Andy 4 Mar, 19 at 6:35 pm

            Hi Anil,
            I need your urgent input and help.
            We have mailed out the package but we forgot to enclose the money order for $22.
            What should we do now. Anyway if we can send out the money order separately or if someone has been through this experience.
            Panicking a little so any advise will be deeply appreciated.


            • Anil Gupta
              Anil Gupta 4 Mar, 19 at 6:42 pm

              You can probably call Indian embassy and ask for the help. They can probably connect your application package with the money order mail that you send separately.


            • Sands Andy
              Sands Andy 4 Mar, 19 at 7:10 pm

              ok thank you. I just saw on their website they have a PRAMIT online query system. Let me try there.


  14. Parag Hukeri
    Parag Hukeri 17 Feb, 19 at 1:29 pm

    I am a US citizen with an Indian OCI card. I have gotten my POA document Notarized & Apostilled. I will be sending it to the Indian Embassy in Chicago to get it Attested. I have also gotten photocopies of supporting docs (e.g. my US Passport, OCI card, PAN card, Witness’ Passport copy etc) notarized. But these photocopies are not Apostilled (only Notarized). The question I have is if these photocopies should also be Apostilled? Do they apostille photocopies? And do these photocopies also need to be “Attested” by the embassy? Or is Attestation of the POA doc alone sufficient? Thanks.


    • Anil Gupta
      Anil Gupta 17 Feb, 19 at 4:16 pm

      Supporting documents photocopy do not need Apostile or Attestation. Only notary is required.
      Indian embassy will only attest Power of Attorney.


      • Parag Hukeri
        Parag Hukeri 18 Feb, 19 at 8:31 am

        Thank you so much for your response. And thanks for providing this great information to all. Reg my POA doc – it’s a 5 page doc, should I get every page attested by Indian Embassy? Or just the last page? Not sure how that works? Thanks.


        • Anil Gupta
          Anil Gupta 18 Feb, 19 at 10:20 am

          It is your choice if you want all pages signed and stamped by Indian embassy or just the last one. They will ask you.
          My suggestion is to get sign and stamp on all pages to avoid any fraud later.


          • Parag Hukeri
            Parag Hukeri 18 Feb, 19 at 10:21 am

            Thank you. That’s what I’ll do. Thanks for all your help.


  15. Anil Gupta
    Anil Gupta 14 Feb, 19 at 10:05 am

    It is mandatory to get Power of Attorney attested by Indian Embassy for it to be recognized in Indian government office.


  16. ts rao
    ts rao 10 Feb, 19 at 12:25 pm

    Am American citizen now. Can the power of attorney I give, be attested by the Indian embassy?


    • Anil Gupta
      Anil Gupta 11 Feb, 19 at 8:04 am

      Yes, Indian embassy can attest any document if it is intended to be used in India. Does not matter if you have US passport or Indian.


  17. Prashanth
    Prashanth 9 Feb, 19 at 10:27 am

    Hello Anil, We are planning for refinance our house in USA and my wife is staying in India right now. Since she is on title, We need to get POA from Indian Embassy as per the lender company.
    So what are the documents she need to carry to get a POA .
    Can the witness be local to india holiding a Indian ID(Passport/Adhar Card/License)
    Any additional recommendations pls.


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      I don’t understand how you plan to get Indian Embassy attestation when your wife is in India?
      Can you explain a little more?


      • Prashanth
        Prashanth 10 Feb, 19 at 12:25 pm

        https://in.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/notaries-public/
        When one of the dependent is in India and other dependent is USA, If we need any POA then we need to go to embassy and have it notraized. However in the website above the witness information is not given, i called customer service and they mentioned they cant answer and not allowed to answer any questions and was looking for info. If the witness are indian citizens without US stamping or normal person there, is it fine.
        Please see the live above for details. Im trying to get US Embassy attestation or POA. Sorry if i have stated anything wrong in my initial request.
        Thanks for taking time and responding. Appreciate it!


        • Anil Gupta
          Anil Gupta 10 Feb, 19 at 12:25 pm

          Didn’t you say Indian embassy earlier?
          That’s why i asked you about how you can get POA from Indian embassy when you wife is not in USA.

          POA attestation from US embassy – Indian witness are fine as you are making PoA in India.


          • Prashanth
            Prashanth 11 Feb, 19 at 8:04 am

            Yes i mentioned POA from Indian Embassy


            • Anil Gupta
              Anil Gupta 11 Feb, 19 at 8:10 am

              Let me know if you need more information.
              The witness requirement depends on the refinance bank in USA and if they need witness signature.

              If bank is fine with only your wife’s signature and US embassy notary, then, you can skip witnesses.


  18. Centaur Arrow
    Centaur Arrow 5 Feb, 19 at 2:36 pm

    Hello Anil, For the in person, do we need to schedule an appointment ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:28 am

      For in-person visit, each Indian embassy has a daily window (usually 9 AM to 12 PM) and no appointment is required. Check with the embassy website before visiting.


  19. Pradeep S
    Pradeep S 28 Jan, 19 at 8:52 pm

    Hi,
    Based on the experiences from a person with Indian Passport in the comments section – about “Apostiled” documents NOT required for NYC Embassy mail-in option – you mentioned that you would update the main article. But, the Apostile checker still says, “Apostile” is required for NYC Embassy mail-in option for Indian passport holders. Can you please review and clarify ?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      As per my information, apostile is needed. You can call and verify with NY Indian embassy to see it they still need it.


  20. Parikhit Nandy
    Parikhit Nandy 28 Jan, 19 at 8:51 pm

    You mentioned valid visa copy as a supporting document. My current visa stamp has expired. Can I just mail the latest I 94 and latest approved I 797?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:02 am

      Yes, you can send i797 and i94.


  21. Anuranjan Srivastava
    Anuranjan Srivastava 28 Jan, 19 at 8:51 pm

    Hi Anil,
    My mother needs to sell her house in India. She needs a “No Objection Certificate” from me since I cannot travel to India. I received the N.O.C document from her.
    1) Does the N.O.C document need to be apostilled before getting it attested at San Francisco consulate.
    2) The N.O.C document I received is in Hindi and on a plain paper (not stamped). Do I need to get it translated in English to get it apostilled (if required) and attested at the consulate
    3) I am an US citizen. I hope I do no need the OCI since I don’t have one yet.
    Your response is greatly appreciated.
    Sincerely,
    Anuranjan Srivastava


  22. Rehan
    Rehan 28 Jan, 19 at 8:51 pm

    Hello Anil, my wife is giving me the POA and I have it notarised and appostilled. Since she cannot accompany me to walk in person at the consulate at SFO, can I walk in alone for attesting the POA? Your reply would be greatly appreciated. Thanks


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:01 am

      If you are applying in person, your wife has to be present in person at the embassy.
      Otherwise, send your application by mail and include your wife’s original passport.


  23. Bala Subramanian Haran
    Bala Subramanian Haran 14 Jan, 19 at 9:47 am

    hi Anil, thank you for the detailed information. One query, I have a flat in India under current home-loan, and wish to sell it. Can I do above mentioned POA process from USA (my original sale deed etc. is with the bank which gave me the loan). Wish to sell the property with the help of my father who is in India. I have already added him as bank specific power of attorney for the loan. Thank you.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      POA has nothing to do with home papers. You can create POA and give rights to sell.

      Clearing bank loan and getting home papers is a separate process.


  24. Pradeep Anumala
    Pradeep Anumala 14 Jan, 19 at 9:47 am

    Hi Anil, I have sent the docs for POA to consulate through post 2 weeks ago along with original passports. I still didn’t get my return envelope back. Any idea how long the consulate people take to return the docs? I am not able to reach them through customer care no. too.


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 10:04 am

      It should not take more than a week. Keep calling to check why it has been delayed.


      • Pradeep Anumala
        Pradeep Anumala 14 Jan, 19 at 10:05 am

        I tried to reach out to them (SFO consulate) on (415)668-0662 multiple times but I was never able to speak to anyone. I don’t see any email id also for miscellaneous services.


        • Anil Gupta
          Anil Gupta 9 Feb, 19 at 10:01 am

          Well, that how Indian services work.
          Can’t help.

          But, they do pick up. Try between 9-12 tomorrow morning.


        • Satheesh Reddy
          Satheesh Reddy 12 Mar, 19 at 5:10 pm

          @Pradeep Anumala could you please help me? what the process for the attestation of POA at SF Indian consulate? And what are the documents required?


  25. Suguna Selvaraj
    Suguna Selvaraj 14 Jan, 19 at 9:47 am

    Hi! Thank You for the detailed information on POA attestation.
    My husband and I live in USA. He has a house in India, which he wants to sell. He cannot travel to India. Can he give POA to me?


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      Yes, he can give POA to you.


      • Suguna Selvaraj
        Suguna Selvaraj 14 Jan, 19 at 10:04 am

        Thanks for the prompt reply.


        • Suguna Selvaraj
          Suguna Selvaraj 28 Jan, 19 at 8:52 pm

          Hi, I am not sure if we need the POA to be apostilled or not, for mailing the POA for attestation in Newyork embassy. When I checked it using the steps given above, on page 10 it says we need to apostile and on page 11 it says we don’t need to apostile.
          Could you please clarify? We are US citizens.
          Thanks.


          • Anil Gupta
            Anil Gupta 9 Feb, 19 at 10:02 am

            We have fixed the issue with the Apostile check app.
            In your case, apostile is required.


  26. Minal Shah
    Minal Shah 14 Jan, 19 at 9:47 am

    Hi Anil – thank you for your step by step instructions.

    I am doing a combined SPOA with my wife. I got the notarization of our and witness signatures done and got the 4 page document, with our photographs pasted, Apostilled (they only put single apostilled stamp on the first notarization page).

    I am doing SFO consulate stamping by mail. I will send both of our original US passports, copies of our US passports, copies of both of our CA drivers’ licenses and the original apostilled POA documents.

    My questions are –

    1. Do I need to send OCI documents – original or copies?
    2. Do I need to notarize the CA drivers license copies that are needed for US proof of residence? The CGISF website talks about notarized copy for applying in-person, but doesn’t say about notarization for applying by mail. https://www.cgisf.gov.in/page/display/118/236

    thanks in advance for your guidance!


    • Anil Gupta
      Anil Gupta 14 Jan, 19 at 9:47 am

      OCI notarized is recommended.
      Send notarized copy of driver’s license too.


      • Minal Shah
        Minal Shah 14 Jan, 19 at 10:04 am

        Thank you for the quick response. Happy new year!


  27. Balu Nallamothula
    Balu Nallamothula 9 Dec, 18 at 9:48 am

    Dear Mr. Anil,

    First of all thanks for your service to our community. I have a quick question on attestation of POW/GPA which me & my spouse plan to give on my spouse’s father for a join property that we plan to sell in India. So, now the question is can we both give GPA on one document to one of our parents and attest the same or it should be a blood relative for any sale transactions in India?

    Thanks,
    Balu.


    • Anil Gupta
      Anil Gupta 9 Dec, 18 at 9:52 am

      You can give SPOA (not GPA) on one document to any of your parents.


      • Balu Nallamothula
        Balu Nallamothula 9 Dec, 18 at 10:39 am

        Thx. So you meant to say ‘special power of attorney’ on a single document with both wife & husband issuing on my spouse’s father should be fine?


        • Anil Gupta
          Anil Gupta 9 Dec, 18 at 11:27 am

          yes, you can.


  28. Rahul Sharma
    Rahul Sharma 7 Dec, 18 at 5:22 pm

    Hi Anil,
    I am going to the embassy in SFO to attest a affidavit of gift letter already notarized and apostilled.
    Do I need to give them a xerox of this ?
    Thanks


    • Anil Gupta
      Anil Gupta 7 Dec, 18 at 5:24 pm

      Yes, a copy will be needed.


  29. TANISHA SINGH
    TANISHA SINGH 7 Dec, 18 at 12:16 pm

    Hi Anil
    I am working on J1 visa at University of Pittsburgh. I have to transfer Power of Attorney to my Father who is living in India. I have one question in regards to that:
    1) Do J1 visa member can transfer such POA in India?
    Looking forward to hear from you


    • Anil Gupta
      Anil Gupta 7 Dec, 18 at 12:30 pm

      Yes, you can create a POA on J1 visa.


  30. Anuranjan Srivastava
    Anuranjan Srivastava 5 Dec, 18 at 1:27 pm

    Hi Anil,
    I am a US citizen and live in San Francico bay area. I need to get a POA for my mother to be able to sell a property in India. Do I need to have an OCI to get it attested at Indian Consulate.?
    Thanks and best regards,
    Anuranjan


    • Anil Gupta
      Anil Gupta 5 Dec, 18 at 1:33 pm

      No, i don’t think you need OCI.


  31. SK
    SK 25 Nov, 18 at 11:44 pm

    Hi Anil

    Firstly, thank you for making this information very easily available.

    I am an Indian passport holder, residing in the US, with family in India. I was sent a No Objection Certificate (NOC) via email by my family lawyer in India, to be filled and attested. This NOC is regarding my ownership of some property.
    1. Can you please advise if I have to go through all the steps that you have shared – including getting the NOC apostilled by the SoS’s office and attested by the Indian consulate?
    2. Do I need to get the NOC notarized by a public notary before getting it apostilled? If the notary insists on me signing first, does that mean my signature will be present twice on the NOC?

    Thanks again!


  32. Rahul Sharma
    Rahul Sharma 19 Nov, 18 at 1:24 pm

    Hi Anil,
    I need to attest a affidavit of gift letter.I have signed before notary and it is notarized and apostilled by governers office.
    Do I need to sign again in embassy ? will they give the document the same day ?
    thanks


    • Anil Gupta
      Anil Gupta 19 Nov, 18 at 10:22 pm

      Yes, you need to sign again. Yes, they will give it back same day.


  33. Koti
    Koti 27 Oct, 18 at 12:36 pm

    Hi Anil, Thank you so much for providing such a useful information.

    I have query regarding GPA. I am planning to buy a resale apartment in Bengaluru but the owner of apartment is NRI. Owner sent GPA on his blood relation to do registration . How can I know whether that GPA is valid to buy that property and what are precautions that I need to take care from my side ( to be safer in future without any legal issues). Please give me solution.

    Regards,
    Koti.


    • Anil Gupta
      Anil Gupta 27 Oct, 18 at 2:31 pm

      Make sure the GPA has the address of the property that you are buying.
      And second thing is that the GPA should be registered with registrar office.


  34. hari
    hari 21 Oct, 18 at 11:51 pm

    Hello Anil, We sent POA documents to the consultae and it has been three weeks. Typically how long does it take to get the POA attested.

    Thanks
    Hari


    • Anil Gupta
      Anil Gupta 22 Oct, 18 at 7:12 am

      It should not take more than a week. Which consulate did you send them to? Did you track the mail? Was it delivered?
      If yes, then call and ask consulate about the delay.


    • Sriram Chandra
      Sriram Chandra 2 Dec, 18 at 2:06 pm

      Hi Hari,
      How long did it take for receiving the attested documents back? It has been two weeks since CGISF received my application for GPA attestation and I have not seen any activity.

      Thanks
      Sriram


    • Munga raghu srinivas
      Munga raghu srinivas 27 Feb, 19 at 2:27 pm

      Hi Hari,

      Did you get your POA attested by mail? i also have sent mine through mail, just want to check whether you have got your documents back or not


  35. AK
    AK 16 Oct, 18 at 4:55 am

    Hi Anil,

    We want to buy a plot in India giving my dad the POA. Both myself and my husband wants to give him POA. My husband works close to Washington, DC. So he wants to go to Washington Embassy for Attestation. He is planning on carrying my original documents along with his for attestation in Washington Embassy. In your experience, does Embassy people see the original documents in my absence and attest? If I were to do it separately, I have to send my papers to New York embassy instead of Washington considering the place I live. I tried calling Washington Embassy to ask the best way to do it, but no one answered.


    • Anil Gupta
      Anil Gupta 16 Oct, 18 at 8:21 am

      Embassy needs you to be present in person to verify your identity and sign in front of consulate. If you are one of the signatory like you said you are, you have to be present in embassy in person.
      I am not sure if Washington embassy will allow you if your residential jurisdiction falls in NY embassy.
      What is your husband’s residential address jurisdiction for Indian embassy? The residential address counts and not office address.

      You can both try to go to Washington Indian Embassy and see if they allow. If not, then the only option would be to create two separate POA for each one of you.


  36. ganapathy
    ganapathy 12 Oct, 18 at 8:04 am

    Hi anil
    My BIL who is a US resident needs to execute a POA in favour of my wife (his sister) to dispose off a property that they jointly hold in india. I have been speaking to quite a few people who had had this done. Most of them say that the notarised POA is sufficient to execute the sale ( they have done that themselves) and that NO embassy/consulate signature/attestation is required. pls clarify if that is mandatory or is it preferable to make it more authentic .


    • Anil Gupta
      Anil Gupta 12 Oct, 18 at 9:52 am

      I would strongly suggest to get attestation from Indian embassy to make it more safe and authentic.
      It’s pretty easy to do it in USA.


  37. SMI
    SMI 4 Oct, 18 at 8:04 am

    Hi , Thanks for sharing the information about POA. I’m living US, i want to sent POA for my divorce case .please upload the samples of POA in divorce


    • Anil Gupta
      Anil Gupta 4 Oct, 18 at 8:11 am

      Hi SMI, I do not have any sample POA for divorce at this time.


  38. SA
    SA 1 Oct, 18 at 12:57 pm

    Hi Anil,

    Thanks for the information about PoA. I have a unique question

    My dad is currently unresponsive due to brain injury and stroke. He is not able to communicate via any means.
    I went to court in California and got appointed as his conservator/guardian. (I have all the papers from the California court)

    We have a property in India that we have to registered it in his name due to some unforeseen circumstances. I have a special power
    of attorney created for our agent in India who can do these tasks on our behalf.

    My question is that I have to get it attested at Indian consulate in San Francisco. Can I sign on his behalf on power
    of attorney and attach my conservatorship/guardianship documents?

    Is it possible to sign it as ” My name on behalf of My father’s name” and also get it notarized and attested from the
    Indian consulate?

    Thank you


    • Anil Gupta
      Anil Gupta 1 Oct, 18 at 1:03 pm

      It should be. I am not aware of such scenario though.
      But, if you have the legal documents, you should be able to do it. You can consult Indian embassy too.


  39. Amudha Velusamy
    Amudha Velusamy 26 Sep, 18 at 9:41 am

    Hi Anil,
    Thanks for information shared about getting POA.
    I planned to buy one plot in coimbatore and need to give POA for my husband. In this case there is no 3rd parties like builders included. My husband is directly dealing with plot owner. My husband checked with one of the document writer(Lawyer) in coimbatore and they shared General POA to me. It is having 5 pages with more power like taking loans, applying for electricity, water supply etc. And they have added property details also. I felt it is good because after buying land my husband only taking care of building home in that plot. Whether this General POA is helpful to register that plot in my name or I need to provide special POA?
    If the POA have 5 pages where i need to paste my photo? In top of starting doc? or end of that doc?
    Do i need to get witness and my sign in each and every page?
    Attestation from Indian consolate needed for each page?
    I checked with that doc writer but they told like if I have any doubts they asked me to check with Lawyers here. But checking with Lawyers here is helpful in this case? Please check and help me on my queries.


    • Anil Gupta
      Anil Gupta 28 Sep, 18 at 11:27 pm

      1. Paste photo on first page.
      2. Sign, witness sign and get Indian embassy attestation on all pages. It is safe for future and nobody can change any one middle paper if they all have been signed.


  40. MK
    MK 29 Aug, 18 at 7:41 am

    Hi Anil,
    All the information you have shared and clarified are tremendously useful. Thank you!
    My siblings and I who are US citizens, are trying to figure out how to proceed with the following situation. We live in different states in the US. Both of our parents were US citizens and have passed on. We recently learned that our mother held a joint property back in India along with her siblings. She had granted POA to our cousin to manage the property on her behalf but that POA is no longer valid since her demise. Her siblings are looking to sell the property. They need from us:

    1) our mom’s death certificate (which we have as issued in the US),

    2) legal heir certificate attesting that we are her legal heirs,

    3) POA assigned to our cousin in India who we want to delegate to take care of the property sale, etc.

    We need items 2 & 3.
    For 2) It does not seem like there is an option to get a legal heir certificate in the US. There are no established Will documents that our parents left behind. How do we obtain this for each of us?
    For 3) I assume we each of us have to draw up a separate POA given that we live in different states.
    Kindly advise. Thank you!


    • Anil Gupta
      Anil Gupta 29 Aug, 18 at 12:21 pm

      Hi MK,
      1. Legal heir certificate – Each US state has their own laws with respect to legal inheritance. You should check with your residence state to know if they issue any such certificate.
      2. You can opt for a single POA (joint POA) if both of your residence states fall under the jurisdiction of SAME Indian embassy. If not, then you will have to create two separate PoAs.


      • MK
        MK 30 Aug, 18 at 11:31 pm

        Thank you for the clarifications, Anil!


  41. Siva Natarajan
    Siva Natarajan 27 Aug, 18 at 4:52 pm

    Hi Anil,

    I have a question for you. I have a POA prepared to sell some property in India. I am a US citizen and my name is spelled a certain way in the passport. But, the deeds of the properties in India have a initial (of the my last name) and first name spelled out, and also on one of the deeds one of the alphabet’s is wrong (i.e. d instead of t) and hence different than on my passport. I am assuming I still have to put my name exactly as per the US passport so the Consulate will attest it. Please confirm.
    Second, is it ok to include the name as it is on the deed in parentheses as AKA to be on the safe sided for India registration? Thanks for your help.


    • Anil Gupta
      Anil Gupta 29 Aug, 18 at 5:05 am

      You can write whatever you want on the PoA, consulate does not care about the contents. Indian Embassy only attests your identity and signature based on your passport.
      So, your name should match with your passport. You can write the AKA name to make it clear and leave space for confusion when you use it in India.


  42. Satish
    Satish 22 Aug, 18 at 10:06 am

    Hi

    I am from India and planning to buy a property in Hyderabad. Owner of this property was in US on Job along with her spouse.

    Now the spouse would be visiting hyd for registration. Can you please guide us the process for making a Poa between two US residents for registring in india.

    Thanks in anticipatision of your reply.


    • Anil Gupta
      Anil Gupta 22 Aug, 18 at 7:29 pm

      Process is same for US residents as listed above.


  43. MVP
    MVP 22 Aug, 18 at 7:19 am

    The ‘witness’ aspect is confusing. If we’re in the case where witnesses can’t accompany me to the consulate, we get the witnesses to sign in front of a notary. Where are they signing? What are they ‘attesting’ to? i.e. should there be some sort of statement, saying I know the person executing the POA? If I don’t sign the POA, I’m confused as to what the witness is attesting to.


    • Anil Gupta
      Anil Gupta 22 Aug, 18 at 8:21 am

      Hi MVP,
      The witness sign is only for verifying (attesting) that they KNOW you. Notary would just sign and stamp the signature of witness and verify their identity.
      Witness sign on the same original PoA. Check the sample PoA given above. There is no explicit statement needed.

      Nobody, including Indian Embassy cares about the content of PoA.
      At every step, only the signatures and identity are notarized and attested.
      Your signature is attested by Indian Embassy.

      If the notary asks you to sign too, you can sign and then again sign once more in front of Indian Consulate.

      Does that answer your question?


      • MVP
        MVP 22 Aug, 18 at 9:05 am

        Yes, thank you! Like all things related to the Indian consulate, seems unnecessarily complicated. Thanks for your guidance.


        • Anil Gupta
          Anil Gupta 22 Aug, 18 at 7:14 pm

          It’s more of an Indian government requirement to have 2 witness rather than Indian embassy.
          Some people have reported earlier that they were able to get it attested in Indian embassy wothowi witness signature but then, they needed to get witness in India while using the POA.


  44. Kittu
    Kittu 1 Aug, 18 at 12:17 pm

    HI Anil, Thanks for explaining in detail. My bank is asking to get notary for DL for address proof. Do i need to attest this document with indian embassy ? or Just POA is enough ?


    • Anil Gupta
      Anil Gupta 1 Aug, 18 at 12:57 pm

      If you bank is okay with just the notary, you are good. If they specifically asked for Indian Embassy attestation, then you go for it.
      Most banks accept the notarized document in India.


  45. shankar
    shankar 31 Jul, 18 at 6:29 am

    hi
    i would like to know if notarisation in iNDIAN EMABASSY Atlanata compulsory for procuring a poa for edu loan in india.
    the witness will be signing in india.


    • Anil Gupta
      Anil Gupta 31 Jul, 18 at 7:46 am

      There is no compulsion by anybody.
      It is dependent on what is accepted by loan giving bank in India. It is usually advisable to get Indian embassy attestation as it is easily recognizable by banks in India.


  46. neeraj gupta
    neeraj gupta 23 Jul, 18 at 9:55 am

    Hello,
    is two witness is necessary??


    • Anil Gupta
      Anil Gupta 23 Jul, 18 at 10:18 am

      Witness’s are required as per Indian law. If you do not get witness sign in US, you will have to get them in India.


  47. SATHYA
    SATHYA 18 Jun, 18 at 5:58 pm

    Hi, can we give wifi bill as residential proof?


    • Anil Gupta
      Anil Gupta 18 Jun, 18 at 6:08 pm

      Not sure but you can try.


  48. Chaya
    Chaya 12 Jun, 18 at 2:19 pm

    Hello Anil. I have a doubts regarding PoA. We are sending it by post to Atlanta consulate.could you please help me in clarifying.
    1. My question is tat along with witness even the executant also should sign the PoA in the last page. M I right?
    2. Also the PoA draft from our lawyer from India has the space for signature of the person whom we are giving power to. is tat column required? I think this is not required as cannot get them here to sign the form. Or is it needed?
    3. We have 4 pages of documents, and one executant so prices would be 4*1*20=80+3 or 1*1*20=20+3 ????
    4. Also how to get prepaid return label
    5. How to get cashier check or money order?
    Thanks in advance


    • Anil Gupta
      Anil Gupta 12 Jun, 18 at 2:28 pm

      1. Yes, all have to sign on last page.
      2. That person can sign when he/she receives this PoA in India.
      3. The price is per page of attestation. If you want sign and stamp only on last page, then pay only for 1 page. Else, pay for all pages. I recommend to get sign and stamp on all pages.
      Also, if the Atlanta embassy will charge only for 1, they will return the rest of the money orders. Each embassy has their rule to charge.
      So, i would advice to create 4 different money orders so that if they only charge for one, the rest can be returned to you.

      4. Prepaid return label can bought from any courier service like USPS, UPS or Fedex. They all sell it. You can even go to their website, buy and print the label. They all give the free envelopes too.

      5. Walmart sells money orders. Almost all grocery chains sell money orders too. Cashier check can be made from your bank account. Visit the branch and get it. They will charge approx. $5 per cahsier check.
      Money order in Walmart is cheapest. They will take less than a dollar as fees.


      • Chaya
        Chaya 12 Jun, 18 at 2:52 pm

        Oh thanku so much for d info.


        • Chaya
          Chaya 12 Jun, 18 at 3:01 pm

          One more doubt, one photo copy of PoA, miscellaneous form, Adress proof, passport and i94 has to be sent. Is it?
          Where should passport size photo to be affixed? One at the last page with signature and other one??


          • Anil Gupta
            Anil Gupta 12 Jun, 18 at 3:14 pm

            Please check the list of documents to be sent in above article. Everything has been mentioned clearly. I do not want to repeat it here.

            The two photographs are needed only if you NOT making a copy of PoA. If you doing a photocopy, then only 1 photo is needed.


  49. vinay kumar
    vinay kumar 6 Jun, 18 at 5:04 pm

    Hi,
    Thanks for the article explaining in details the whole process. I had two queries:

    1. Does the process described above apply for Power of Attorney used in filing Mutual Divorce petition? If not, what would differ? I cant travel currently as my Visa extension is in progress and would like to file the petition using a POA nominating my Father as the agent.
    2. Also, My Visa extension(H1B) is currently in progress and I have a valid receipt of Extension (I797C) from USCIS. Would that suffice as proof of legal status, if i need to go to Embassy for attestation?


    • Anil Gupta
      Anil Gupta 6 Jun, 18 at 7:38 pm

      1. Yes, it would work. Just change the language based on what your want your father take care of, on your behalf.
      2. Yes, you can show the receipt of extension from USCIS as a proof of US legal status.


      • Vinay kumar
        Vinay kumar 6 Jun, 18 at 10:34 pm

        Thanks for the response Anil. The I797C is actually the receipt that shows that extension has been filed .That should be fine right ? I guess I explained it wrong in my original query .


        • Anil Gupta
          Anil Gupta 7 Jun, 18 at 7:42 am

          Yes, I understand i797C is receipt of extension and not an actual extension approval. The same is accepted by Indian Embassy for passport renewal as well. So, you should be good to use it for power of attorney as well.
          I have also shared the same i797C sample for Passport renewal US legal status proof here:
          https://www.truvisa.com/t/us-legal-status-proof-for-indian-passport-document-list/181


          • Vinay kumar
            Vinay kumar 7 Jun, 18 at 1:29 pm

            Thanks a lot for the info Anil! Really appreciate it!


  50. Rakesh Jaiswal
    Rakesh Jaiswal 30 May, 18 at 12:16 pm

    Hi, I have a flat in Noida that needs to be registered. It is in joint name of myself and my wife. We both have US passports and travel to India on OCI card. I am planning to give SPECIAL POA to my brother who lives in Ghaziabad UP. Both me and my wife can not travel for next 6-9 months. Can sPOA be given for a specific property and for a limited amount of time (like expired after 4 months)? Can it be given specifically just to Register the flat and not for sale or rent? It is not about the trust issue but more of giving limited power for a specific purpose. Any sample would be appreciated. What details I would need from my brother in India? Thanks in advance for your help. Regards,
    Rakesh Jaiswal


    • Anil Gupta
      Anil Gupta 30 May, 18 at 12:44 pm

      Answers to all your questions are available in above article. Please read it and use the sample sPOA provided in the above article.


  51. nate
    nate 29 May, 18 at 8:34 am

    Thanks Anil! This guide has helped immensely. I did POA by mail from MA.

    One hiccup I faced was that the Notary did not put the correct verbiage into the attestation and it was refused apostille in the MA govt office. For MA, the notarization must be of the form below. After fixing the notarization all went through fine.

    On this _________ day of ______ , 20__ , before me, the undersigned notary public, personally appeared _________________(name of document signer), proved to me through satisfactory evidence of identification, which were __________________________ , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose.


    • Anil Gupta
      Anil Gupta 29 May, 18 at 9:42 am

      Thansk Nate for sharing the information.
      I appreciate it.


  52. Amit Verma
    Amit Verma 8 May, 18 at 5:20 pm

    Hi Anil and other contributers,
    Thanks for doing this great job!

    I am starting the process for the POA. I am living in California so would be starting with the Apostille process. In my POA I need to have signature of two witnesses.
    – After getting their signatures in front of notary, do I need to worry about their address proof (to be sent to apostile office or indian consulate)?
    – I would be sending the notarized copy of all documents and original Apostiled POA, Original passport. Among these (other than POA and passport), do I need to do apostile for any other document? Or the notary is fine?

    Thanks,
    Amit


  53. Srikanth Sudhindra
    Srikanth Sudhindra 3 May, 18 at 3:36 pm

    Thanks Anil for the detailed information. I am planning to go personally to Indian Embassy to get the POA attested and the document back via mail since I cannot wait the entire day to collect the same. The return mailing envelope specification is very confusing since it talks differently in each blog. What type of mail envelope should I buy? Should this have a pre-paid label with Sender and Receiver address on it? Or should I ask them to mail it ? Please advise.


    • Anil Gupta
      Anil Gupta 3 May, 18 at 5:22 pm

      You should use the embassy’s return mailing service. That’s the best.
      Just give them the money order for return shipping and they will take care of envelope and all other things.


      • Srikanth Sudhindra
        Srikanth Sudhindra 3 May, 18 at 5:48 pm

        But the website does not mention what is the amount for return shipping package. Is it $20 for the shipping as well ?


        • Anil Gupta
          Anil Gupta 3 May, 18 at 7:59 pm

          Which Indian Embassy website are you looking at?
          It would help to answer your question if you share the link where you are looking at?


  54. selva kumar
    selva kumar 2 May, 18 at 11:35 pm

    Hi Anil,
    Thanks much for the information –
    I am in US and I am planning to give PoA to my father in law who is in India to pledge my property and get loan .
    I have all documents ready and planning to go to Washington tomorrow and only now I noticed that , in Embassy website ,they have mentioned as // The person(s) signing the Power of Attorney must present himself at the Counter. // – For me its not possible because my father in law is in India. I am confused. Please help.


    • Anil Gupta
      Anil Gupta 3 May, 18 at 7:23 am

      No, Your father is law is not required. What they mean is that you should personally be present in Embassy as a PoA executor.


  55. Anil Gupta
    Anil Gupta 2 May, 18 at 7:28 am

    There is no specific format for sale of property. You can just add a line to the same POA saying that i give rights to ‘Sell’ the property.


  56. Rajul Doriwala
    Rajul Doriwala 1 May, 18 at 11:33 pm

    Hi Anil, I see that you have a sample POA for purchase of a property here – https://www.am22tech.com/special-power-attorney-sample/. But, do you have one for SALE of a property?


  57. Rajul Doriwala
    Rajul Doriwala 1 May, 18 at 12:58 pm

    Hi Anil, Thanks for your Awesome work. All my questions about POA process in US are answered.
    My questions are more related to POA, not about NIR or US. But may be you know answers. So, here they are.

    I need to sell property in India, with my wife as 1st holder. I as 2nd holder.
    1) I assume that in this case, I and my wife, both need to prepare to separate POAs. Is that correct?
    2) Is it ok if we both provide POA to same person?
    3) For selling property in India, is it mandatory to provide POA to only blood-relative? or can be anyone – say, a friend..?


    • Anil Gupta
      Anil Gupta 1 May, 18 at 1:04 pm

      1. If the property is same, you can create joint POA too. It will be easier and cheaper to create a joint POA.
      2. Yes, you both can provide it to same person.
      3. Well, there are no documented rules here. But, most of the time, the registrar will insist on having a blood relative to be assigned as it is easier to prove relationship and avoid fraud. For all purposes other than selling, anybody can be given a POA.


      • Rajul Doriwala
        Rajul Doriwala 1 May, 18 at 1:08 pm

        Thx much. Both of us will then give POA to my sister (blood relation to me). Then, it may be more acceptable to Registrar.


  58. dr sweta kudagi komar
    dr sweta kudagi komar 30 Apr, 18 at 10:22 am

    Hi, What is the procedure and what are the documents that needs to be sent along with POS for apostiling by postal m ail


    • Anil Gupta
      Anil Gupta 30 Apr, 18 at 10:30 am

      The procedure and documents vary with each US state. You have to check with your state’s secretary office website to check the specific requirements.


      • dr sweta kudagi komar
        dr sweta kudagi komar 30 Apr, 18 at 10:43 am

        Sure .Thank you


  59. ilugopal
    ilugopal 26 Apr, 18 at 4:10 pm

    this is for LICHFL. I’m appointing my father as GPA. In that document I have the following page. My father is in India. So can I give PoA to him from US? I am sure about witness but who need to sign on the top and who need to accept ?


    • Anil Gupta
      Anil Gupta 26 Apr, 18 at 4:22 pm

      You should ask LICHFL as it seems to be their specific format.
      I am not sure who needs to sign where as the screen shot you have shared does not clearly mention anything.
      All these are generic words.


  60. Neha A
    Neha A 24 Apr, 18 at 1:15 pm

    Hi Anil,

    I need your help. I am sending power of attorney to my mother Neera. I got POA format from builder and i am confused in one area. Could you please help me to understand who will sign where? I attached the image.

    Thanks,
    Neha


    • Anil Gupta
      Anil Gupta 24 Apr, 18 at 1:24 pm

      I cannot really comment by just looking at the part of the document. ‘Attorney’ must have been defined in the document.
      In real sense ‘attorney’ is a person appointed to act for another in business or legal matters.

      So, it should be your mother’s name and her signature.


  61. Neha A
    Neha A 24 Apr, 18 at 1:14 pm

    Hi Anil,

    I need your help. I am sending power of attorney to my mother Neera. I got POA format from builder and i am confused in one area. Could you please help me to understand who will sign where? I attached the image.

    Thanks,
    Neha


    • Anil Gupta
      Anil Gupta 24 Apr, 18 at 1:23 pm

      I cannot really comment by just looking at the part of the document. ‘Attorney’ must have been defined in the document.
      In real sense ‘attorney’ is a person appointed to act for another in business or legal matters.

      So, it should be your mother’s name and her signature.


  62. Sweta
    Sweta 19 Apr, 18 at 10:18 am

    Hi Anil, I am Sweta. Thanks for such a informative post. I wanted to know if apostile is mandatory for Indian passport holders residing at Boston if you are planning to get attestation done at NY embassy by mailing all documents? if yes, then can apostile be done by mail after notarising all 3 signatures in the state of Massachusetts?


    • Anil Gupta
      Anil Gupta 19 Apr, 18 at 10:27 am

      1. If sending by mail to Indian Embassy in NY, yes, you need apostile from MA government. Remember, you would need to send your original Indian passport as well to Indian Embassy.
      2. Yes, Apoetile in MA can also be done by postal mail.
      Here is the link for your reference with address and MA apostile requirements
      https://www.sec.state.ma.us/pre/precom/comidx.htm


      • Sweta
        Sweta 19 Apr, 18 at 10:39 am

        So basically if you have to get it attested by mail, it always requires to be apostiled? Also is it the same for Pennsylvania state? My sister stays at Boston and brother at PA and they need to do the same procedu re. Can you confirm if both come under same jurisdiction of NY embasssy? Once again thanks a lot for such quickly reply


        • Anil Gupta
          Anil Gupta 19 Apr, 18 at 11:08 am

          1. Yes, every state that comes under NY Indian Embassy jurisdiction will need APOSTILE if sending documents by postal mail.
          See here for direct NY embassy link: https://www.indiacgny.org/pages.php?id=1060

          2. yes, Pennsylvania comes under NY embassy jurisdiction.


          • dr sweta kudagi komar
            dr sweta kudagi komar 19 Apr, 18 at 12:52 pm

            Thank you..


          • dr sweta kudagi komar
            dr sweta kudagi komar 19 Apr, 18 at 12:57 pm

            Thanks a lot


  63. Sweta
    Sweta 19 Apr, 18 at 10:19 am

    Hi Anil, I am Sweta. Thanks for such a informative post. I wanted to know if apostile is mandatory for Indian passport holders residing at Boston if you are planning to get attestation done at NY embassy by mailing all documents? if yes, then can apostile be done by mail after notarising all 3 signatures in the state of Massachusetts?


    • Anil Gupta
      Anil Gupta 19 Apr, 18 at 10:28 am

      1. If sending by mail to Indian Embassy in NY, yes, you need apostile from MA government. Remember, you would need to send your original Indian passport as well to Indian Embassy.
      2. Yes, Apoetile in MA can also be done by postal mail.
      Here is the link for your reference with address and MA apostile requirements
      https://www.sec.state.ma.us/pre/precom/comidx.htm


      • Sweta
        Sweta 19 Apr, 18 at 10:42 am

        So basically if you have to get it attested by mail, it always requires to be apostiled? Also is it the same for Pennsylvania state? My sister stays at Boston and brother at PA and they need to do the same procedu re. Can you confirm if both come under same jurisdiction of NY embasssy? Once again thanks a lot for such quickly reply


        • Anil Gupta
          Anil Gupta 19 Apr, 18 at 11:09 am

          1. Yes, every state that comes under NY Indian Embassy jurisdiction will need APOSTILE if sending documents by postal mail.
          See here for direct NY embassy link: https://www.indiacgny.org/pages.php?id=1060

          2. yes, Pennsylvania comes under NY embassy jurisdiction.


          • dr sweta kudagi komar
            dr sweta kudagi komar 19 Apr, 18 at 12:58 pm

            Thanks a lot


  64. amol
    amol 10 Apr, 18 at 9:02 am

    Hi Anil,

    I have few more questions. The Houston Embassy seems to have different requirement. This is the link.

    http://www.cgihouston.org/component/content/article/9-consular-services/24-attestation-of-power-of-attorney

    1) The POA has 2 applicants, me and my wife’s name on it. Do I need to submit 2 “Attestation of Power of Attorney” forms seaparate for me and my wife? And if yes, do I need to pay the separate fee per applicant, i.e $20 + $20 and $2+$2?

    2) Do we need to have 2 witness’s signature on the last page of POA? Or it is not needed? They have not mentioned anything about witness anywhere.

    3) The 9th point says that the photograph must be pasted on front page. But I have pasted both of our photographs on the last page of the POA. Do we need the photographs on both, front and last pages?

    ~AMol


    • Anil Gupta
      Anil Gupta 10 Apr, 18 at 9:48 am

      1. Yes, fill two separate forms. Fees is charged per attestation i.e. if you both are just making one PoA, you need to pay only for 1 attestation.
      2. Witness signature is advisable. If you do not get them now, your will need to get them in India while registering this POA there. Your choice.
      3. Well, if the embassy says paste it on front page, paste it there too. You can have pictures at both places. Normally, pictures are pasted on front page in case of multi page documents.
      You both would need to sign on all pages.


      • amol
        amol 10 Apr, 18 at 10:49 am

        Perfect!! Thanks, Anil … ! Appreciate your help…


  65. amol
    amol 10 Apr, 18 at 9:01 am

    Hi Anil,

    I have few more questions. The Houston Embassy seems to have different requirement. This is the link.

    http://www.cgihouston.org/component/content/article/9-consular-services/24-attestation-of-power-of-attorney

    1) The POA has 2 applicants, me and my wife’s name on it. Do I need to submit 2 “Attestation of Power of Attorney” forms seaparate for me and my wife? And if yes, do I need to pay the separate fee per applicant, i.e $20 + $20 and $2+$2?

    2) Do we need to have 2 witness’s signature on the last page of POA? Or it is not needed? They have not mentioned anything about witness anywhere.

    3) The 9th point says that the photograph must be pasted on front page. But I have pasted both of our photographs on the last page of the POA. Do we need the photographs on both, front and last pages?

    ~AMol


    • Anil Gupta
      Anil Gupta 10 Apr, 18 at 9:47 am

      1. Yes, fill two separate forms. Fees is charged per attestation i.e. if you both are just making one PoA, you need to pay only for 1 attestation.
      2. Witness signature is advisable. If you do not get them now, your will need to get them in India while registering this POA there. Your choice.
      3. Well, if the embassy says paste it on front page, paste it there too. You can have pictures at both places. Normally, pictures are pasted on front page in case of multi page documents.
      You both would need to sign on all pages.


      • amol
        amol 10 Apr, 18 at 10:48 am

        Perfect!! Thanks, Anil … ! Appreciate your help…


  66. dina lohia
    dina lohia 7 Apr, 18 at 4:36 pm

    POA – Got it drafted from India.
    Notary was simple . Used Public Notary
    Apostille – I drove to LA Secretary of state office ( Tip : Make sure you reach before lunch hours.. Lunch hour is very slow.. Used Public Parking )

    Applied for attestation of POA by mail

    • Complete Miscellaneous Services Application ( used pdfescape.com)
    o Paste a photo in Miscellaneous Services Application
    o Sign Miscellaneous document
    • Original
    o Attach all previous passports in original
    o Current Passport
    o Original apostilled Power of Attorney to be attested
    o Paste a photo on Power of Attorney document
    • Photo copies ( Notarized )
    o First 5 and last 2 pages of current passport
    o Valid visa
    o Proof of status: original green card/visa/EAD. For me it is a valid visa and I94 copy ( Notarized )
    o Proof of residence: Driver’s License/Electricity/Water/Telephone bills/lease agreement. For me it is SDGE bill ( Notarized)
    o Photo copy of apostilled Power of Attorney document ( Not Notarized)
    • Cashier’s check of 33$.
    • Return USPS priority mail Envelope labeled and paid for with tracking number.

    Now keeping my fingers crossed. Not sure about processing time for miscellaneous cell if applied by mail.. Please let me know if someone knows about it


    • Anil Gupta
      Anil Gupta 7 Apr, 18 at 4:57 pm

      You should get it within a week. Embassy processes it the same day that they receive. They even mail the documents back the same day in evening. So, it should be fast.


      • dina lohia
        dina lohia 7 Apr, 18 at 5:50 pm

        Thanks for prompt response.. It reached Yesterday around 1 PM.. hopefully, they will process it on Monday 🙂


  67. dina lohia
    dina lohia 7 Apr, 18 at 4:35 pm

    POA – Got it drafted from India.
    Notary was simple . Used Public Notary
    Apostille – I drove to LA Secretary of state office ( Tip : Make sure you reach before lunch hours.. Lunch hour is very slow.. Used Public Parking )

    Applied for attestation of POA by mail

    • Complete Miscellaneous Services Application ( used pdfescape.com)
    o Paste a photo in Miscellaneous Services Application
    o Sign Miscellaneous document
    • Original
    o Attach all previous passports in original
    o Current Passport
    o Original apostilled Power of Attorney to be attested
    o Paste a photo on Power of Attorney document
    • Photo copies ( Notarized )
    o First 5 and last 2 pages of current passport
    o Valid visa
    o Proof of status: original green card/visa/EAD. For me it is a valid visa and I94 copy ( Notarized )
    o Proof of residence: Driver’s License/Electricity/Water/Telephone bills/lease agreement. For me it is SDGE bill ( Notarized)
    o Photo copy of apostilled Power of Attorney document ( Not Notarized)
    • Cashier’s check of 33$.
    • Return USPS priority mail Envelope labeled and paid for with tracking number.

    Now keeping my fingers crossed. Not sure about processing time for miscellaneous cell if applied by mail.. Please let me know if someone knows about it


    • Anil Gupta
      Anil Gupta 7 Apr, 18 at 4:56 pm

      You should get it within a week. Embassy processes it the same day that they receive. They even mail the documents back the same day in evening. So, it should be fast.


      • dina lohia
        dina lohia 7 Apr, 18 at 5:48 pm

        Thanks for prompt response.. It reached Yesterday around 1 PM.. hopefully, they will process it on Monday 🙂


  68. Balu G
    Balu G 28 Mar, 18 at 5:11 pm

    I would like to send the POA by mail (in my case it will be San Francisco CA as I live in WA). I have a valid Indian passport. I am assuming I don’t need “Apostile-d POA”?
    You mention required original documents as only passport. In https://www.indiacgny.org/pages.php?id=14471417, it also says we need to send original document of US Visa status, original residence proof (such as driving license). Could you please clarify.

    Is there a official government owned site that describes this whole process?

    I am bit worried about sending the original passport in mail, is it safe?


  69. Balu G
    Balu G 28 Mar, 18 at 5:09 pm

    I would like to send the POA by mail (in my case it will be San Francisco CA as I live in WA). I have a valid Indian passport. I am assuming I don’t need “Apostile-d POA”?
    You mention required original documents as only passport. In https://www.indiacgny.org/pages.php?id=14471417, it also says we need to send original document of US Visa status, original residence proof (such as driving license). Could you please clarify.

    Is there a official government owned site that describes this whole process?

    I am bit worried about sending the original passport in mail, is it safe?


  70. Manikandan J
    Manikandan J 22 Mar, 18 at 11:41 pm

    I just wanted to share my experience on POA doc attestation which was specific to San Francisco(CA) Indian Consulate. It was done on 21st March 2018. Currently I am on H1B.

    1. I have prepared 1 copy of General POA doc.
    2. Then took 2 persons as a Witness to Notary. They have written their address and signed it in front of Notary (Notary asked them to show their DL as a ID proof).
    3. Then Notary asked me to sign the doc with my DL as a ID proof. Finally Notary has put seal and signed the doc and collected $15 as as Notary charge.(for each sign $5).
    4. Next step will be getting Apostille. For this we should go to California Secretary of State which is located in Sacramento, CA.
    Since I cannot go to here on weekdays also it is totally 5 hrs drive from my location, I just mailed the document through USPS ($26 for Apostille and $7 for return USPS mail).
    Finally I got Apostilled POA doc after 5 days. (If you go directly it would be only 30 mins job).
    5. Then I took BART (local train) and reached SFO city then took UBER to reach Indian Consulate. (If you drive then quite easy but there is no parking area at consulate, may be you have to park on road side with parking charge).
    6. I reached around 9.45am. no one was there apart from consulate officials. I approached one counter, one lady has verified all docs then told me to go next counter.
    Completed and Photo pasted on the Miscellaneous Service Application
    Apostilled Original document to be attested (1 photocopy)
    Current Original Passport and Old passport in case your VISA on it. photocopy of all pages one set.
    Proof of status doc (I-797(Original and 1 photocopy) and I94(Original printout))
    Proof of residence – Your Driving License as a ID proof. (Original and 1 photocopy)
    $22 Money order or Cashier’s check as a fee in favor of CONSULATE GENERAL OF INDIA, SAN FRANCISCO. ($20 for attestation and $2 for welfare fee)
    7.After submission they verified my VISA docs. Then I got receipt for fee and they told me to come again around 4 to 4.45pm to collect the passport and POA doc.
    8.So I return back to my office and again went there after 4pm to collect my final POA document. (totally I have spent around $100 for this POA doc – including travel exp).

    Hope this will help someone. Thanks.


    • Anil Gupta
      Anil Gupta 23 Mar, 18 at 6:24 am

      Thanks a lot for sharing your experience. We appreciate it.


    • subu mohapatra
      subu mohapatra 5 May, 18 at 8:59 pm

      Manikandan, Awesome!, Thanks for sharing this.
      For Apostille, we do not need to submit any doc proof apart from the General POA doc.Do I need to mail it to a specific address and address it to someone?


  71. Manikandan J
    Manikandan J 22 Mar, 18 at 11:43 pm

    I just wanted to share my experience on POA doc attestation which was specific to San Francisco(CA) Indian Consulate. It was done on 21st March 2018. Currently I am on H1B.

    1. I have prepared 1 copy of General POA doc.
    2. Then took 2 persons as a Witness to Notary. They have written their address and signed it in front of Notary (Notary asked them to show their DL as a ID proof).
    3. Then Notary asked me to sign the doc with my DL as a ID proof. Finally Notary has put seal and signed the doc and collected $15 as as Notary charge.(for each sign $5).
    4. Next step will be getting Apostille. For this we should go to California Secretary of State which is located in Sacramento, CA.
    Since I cannot go to here on weekdays also it is totally 5 hrs drive from my location, I just mailed the document through USPS ($26 for Apostille and $7 for return USPS mail).
    Finally I got Apostilled POA doc after 5 days. (If you go directly it would be only 30 mins job).
    5. Then I took BART (local train) and reached SFO city then took UBER to reach Indian Consulate. (If you drive then quite easy but there is no parking area at consulate, may be you have to park on road side with parking charge).
    6. I reached around 9.45am. no one was there apart from consulate officials. I approached one counter, one lady has verified all docs then told me to go next counter.
    Completed and Photo pasted on the Miscellaneous Service Application
    Apostilled Original document to be attested (1 photocopy)
    Current Original Passport and Old passport in case your VISA on it. photocopy of all pages one set.
    Proof of status doc (I-797(Original and 1 photocopy) and I94(Original printout))
    Proof of residence – Your Driving License as a ID proof. (Original and 1 photocopy)
    $22 Money order or Cashier’s check as a fee in favor of CONSULATE GENERAL OF INDIA, SAN FRANCISCO. ($20 for attestation and $2 for welfare fee)
    7.After submission they verified my VISA docs. Then I got receipt for fee and they told me to come again around 4 to 4.45pm to collect the passport and POA doc.
    8.So I return back to my office and again went there after 4pm to collect my final POA document. (totally I have spent around $100 for this POA doc – including travel exp).

    Hope this will help someone. Thanks.


    • Anil Gupta
      Anil Gupta 23 Mar, 18 at 6:26 am

      Thanks a lot for sharing your experience. We appreciate it.


  72. amol
    amol 22 Mar, 18 at 10:18 am

    I have finalized home in India and need to give PoA to my dad. He is going to prepare a PoA on stamp paper in India and going to send the same in US for me to sign. Will I need to sign it in front of Indian Consulate? Or Notary will work? In first case, can I just send my PoA to Indian consulate through mail and get the attestation done? So I am not creating a PoA in US. But sending already created PoA back in India to Indian Embassy with my signature on it for the attestation. Is this case valid? Please confirm.


    • Anil Gupta
      Anil Gupta 22 Mar, 18 at 10:23 am

      You should get it attested by Indian Embassy for it to be recognized as valid in India. Simple notary will not work.
      You can either visit embassy in person or send it by postal mail for attestation.


  73. amol
    amol 22 Mar, 18 at 10:17 am

    I have finalized home in India and need to give PoA to my dad. He is going to prepare a PoA on stamp paper in India and going to send the same in US for me to sign. Will I need to sign it in front of Indian Consulate? Or Notary will work? In first case, can I just send my PoA to Indian consulate through mail and get the attestation done? So I am not creating a PoA in US. But sending already created PoA back in India to Indian Embassy with my signature on it for the attestation. Is this case valid? Please confirm.


    • Anil Gupta
      Anil Gupta 22 Mar, 18 at 10:22 am

      You should get it attested by Indian Embassy for it to be recognized as valid in India. Simple notary will not work.
      You can either visit embassy in person or send it by postal mail for attestation.


  74. Don Vaz
    Don Vaz 20 Mar, 18 at 7:13 pm

    Dear Anil does a US citizen who was born in US but parents were PIOs and “who does not have an OCI card” have to get the document apostille OR only go through the consulate route. He has a US passport and has no intent to apply for OCI- is this a pre requisite please confirm

    Since the embassy is 10 hours from where he stays does he have to attest a POA in person or even mail can do

    Please throw light on the procedure

    Regards


    • Anil Gupta
      Anil Gupta 20 Mar, 18 at 9:00 pm

      1. You can directly go to Indian embassy without apostile too. It is okay.
      2. You can mail the documents to Indian embassy too.


      • Don Vaz
        Don Vaz 20 Mar, 18 at 9:44 pm

        Thanks Buddy


        • Don Vaz
          Don Vaz 20 Mar, 18 at 9:47 pm

          But I assume that instead of him signing before consulate like when he visits in person, he will not instead sign the POA and get it notarized and send the same to consulate. Is this correct understanding


          • Anil Gupta
            Anil Gupta 20 Mar, 18 at 10:10 pm

            He should sign in front of Notary. That is sufficient.


            • Don Vaz
              Don Vaz 22 Mar, 18 at 6:21 am

              Dear Anil one clarification it seems that we need to provide 2 POAs with the original signature on each copy and notarized. Does this mean 2 cheques of 20$ each have to be sent to the consulate for attestation for this purpose?


              • Anil Gupta
                Anil Gupta 22 Mar, 18 at 6:44 am

                No. The second one can be a photocopy of the first one. This is needed for Embassy’s records.
                You only need to pay for original PoA and only once i.e. $20.


    • Don Vaz
      Don Vaz 20 Mar, 18 at 9:49 pm

      But I assume that instead of him signing before consulate like when he visits in person, he will not instead sign the POA and get it notarized and send the same to consulate. Is this correct understanding?


    • Don Vaz
      Don Vaz 22 Mar, 18 at 6:36 am

      Dear Anil I got this from the consulate General of India site
      “In case of Indian origin nationals with foreign passport, applicant may first get the PoA apostilled by the State Department/Authorities. Only after that Embassy/Consulate will attest the PoA. There is no need for apostilled PoA, if passport holder (other than Indian) is holding valid OCI/PIO card.” It seems to say that if you do not have any OCI/PIO card and have a US passport then u need to get it apostilled first. Please clarify


      • Anil Gupta
        Anil Gupta 22 Mar, 18 at 6:48 am

        Yes, it is true.
        That’s is why i have specifically mentioned it in above article too.
        But, some of the US citizens (Indian born but with US passport) in NY have got the POA attested when they visited the embassy in person.

        Which embassy are you specifically talking about?
        SFO Indian embassy mandates apostile whereas all others do not.


        • Don Vaz
          Don Vaz 25 Mar, 18 at 11:52 pm

          Dear Anil

          I am referring to the state of North Caroline which comes under embassy-Washington. The only difference I understand is that apostille is needed for a document originating in US and needed to be used in some other country. It serves as a authentication. In my case the document is made in India to be used in India so not sure if apostille is required. Please clarify


          • Anil Gupta
            Anil Gupta 26 Mar, 18 at 7:43 am

            For washington DC, Apostile is not mandatory for you.


  75. Don Vaz
    Don Vaz 20 Mar, 18 at 7:14 pm

    Dear Anil does a US citizen who was born in US but parents were PIOs and “who does not have an OCI card” have to get the document apostille OR only go through the consulate route. He has a US passport and has no intent to apply for OCI- is this a pre requisite please confirm

    Since the embassy is 10 hours from where he stays does he have to attest a POA in person or even mail can do

    Please throw light on the procedure

    Regards


    • Anil Gupta
      Anil Gupta 20 Mar, 18 at 9:01 pm

      1. You can directly go to Indian embassy without apostile too. It is okay.
      2. You can mail the documents to Indian embassy too.


      • Don Vaz
        Don Vaz 20 Mar, 18 at 9:46 pm

        Thanks Buddy


        • Don Vaz
          Don Vaz 20 Mar, 18 at 9:48 pm

          But I assume that instead of him signing before consulate like when he visits in person, he will not instead sign the POA and get it notarized and send the same to consulate. Is this correct understanding


          • Anil Gupta
            Anil Gupta 20 Mar, 18 at 10:11 pm

            He should sign in front of Notary. That is sufficient.


            • Don Vaz
              Don Vaz 22 Mar, 18 at 6:22 am

              Dear Anil one clarification it seems that we need to provide 2 POAs with the original signature on each copy and notarized. Does this mean 2 cheques of 20$ each have to be sent to the consulate for attestation for this purpose?


              • Anil Gupta
                Anil Gupta 22 Mar, 18 at 6:45 am

                No. The second one can be a photocopy of the first one. This is needed for Embassy’s records.
                You only need to pay for original PoA and only once i.e. $20.


    • Don Vaz
      Don Vaz 20 Mar, 18 at 9:50 pm

      But I assume that instead of him signing before consulate like when he visits in person, he will not instead sign the POA and get it notarized and send the same to consulate. Is this correct understanding?


    • Don Vaz
      Don Vaz 22 Mar, 18 at 6:37 am

      Dear Anil I got this from the consulate General of India site
      “In case of Indian origin nationals with foreign passport, applicant may first get the PoA apostilled by the State Department/Authorities. Only after that Embassy/Consulate will attest the PoA. There is no need for apostilled PoA, if passport holder (other than Indian) is holding valid OCI/PIO card.” It seems to say that if you do not have any OCI/PIO card and have a US passport then u need to get it apostilled first. Please clarify


      • Anil Gupta
        Anil Gupta 22 Mar, 18 at 6:49 am

        Yes, it is true.
        That’s is why i have specifically mentioned it in above article too.
        But, some of the US citizens (Indian born but with US passport) in NY have got the POA attested when they visited the embassy in person.

        Which embassy are you specifically talking about?
        SFO Indian embassy mandates apostile whereas all others do not.


        • Don Vaz
          Don Vaz 25 Mar, 18 at 11:53 pm

          Dear Anil

          I am referring to the state of North Caroline which comes under embassy-Washington. The only difference I understand is that apostille is needed for a document originating in US and needed to be used in some other country. It serves as a authentication. In my case the document is made in India to be used in India so not sure if apostille is required. Please clarify


          • Anil Gupta
            Anil Gupta 26 Mar, 18 at 7:44 am

            For washington DC, Apostile is not mandatory for you.


  76. Shruti
    Shruti 20 Mar, 18 at 1:56 pm

    hi This is Shruti.

    Thanx for sharing this article. I need the below help to send the POA to India.

    We have a valid US H1B visa but its not stamped, so will that affect or add any more documents?


    • Anil Gupta
      Anil Gupta 20 Mar, 18 at 2:03 pm

      You can show your H1B approval copy (i797) to show your valid status along with i94.


  77. Shruti
    Shruti 20 Mar, 18 at 1:57 pm

    hi This is Shruti.

    Thanx for sharing this article. I need the below help to send the POA to India.

    We have a valid US H1B visa but its not stamped, so will that affect or add any more documents?


    • Anil Gupta
      Anil Gupta 20 Mar, 18 at 2:04 pm

      You can show your H1B approval copy (i797) to show your valid status along with i94.


  78. SS
    SS 15 Mar, 18 at 1:24 pm

    Hi,
    This article was very informative, I have been having so many questions about the same and had been searching the internet without much success until I came across this post. Thank you for putting up such a clear article.

    My query is regarding POA that is to be given to my father, to close a gold loan that is in my name and also to close a bank locker which is shared by me and my husband. Do you know if the process is similar.


    • Anil Gupta
      Anil Gupta 15 Mar, 18 at 2:06 pm

      Yes, attestation of POA by Indian embassy process is same for all types of POA and documents.


  79. Nitin Aggarwal
    Nitin Aggarwal 15 Mar, 18 at 1:11 pm

    Hi Anil,

    Thanks for sharing great article here. I need below help to send POA to India.

    – Do i need to Apostille my “special power of attorney” in case of taking possession in India? I am in USA and having india passport. You said that “Send the Apostile-d POA along with documentary proof (only photocopies) with an exception of original passport to the Indian consulate. The consulate will attest and return the documents back to you.”

    Thanks


    • Nitin Aggarwal
      Nitin Aggarwal 15 Mar, 18 at 1:14 pm

      Also, do i need to notary photocopy of all supporting documents if i am sending docs by mail to Indian Consulate?


      • Anil Gupta
        Anil Gupta 15 Mar, 18 at 2:04 pm

        Yes, photocopy of notarized POA is also needed along with notarized copies of supporting documents. Indian consulate will keep that copy for their records.
        Passport is needed in original.


    • Nitin Aggarwal
      Nitin Aggarwal 15 Mar, 18 at 2:28 pm

      Please reply above question as well 🙂


      • Anil Gupta
        Anil Gupta 15 Mar, 18 at 2:44 pm

        At this time Apostile is mandatory if you are applying in SFO Indian embassy. For all other consulates, you can send documents without apostile.


  80. Rajesh Desai
    Rajesh Desai 15 Mar, 18 at 10:10 am

    Hello,
    I want power of attorney from Indian consulate ,,to get divorce from mutual understanding with my wife, , but as I read above detail that b1/b2 visa are not considered .. and also my passport is expired…is there any other way that I can send power of attorney to india


    • Anil Gupta
      Anil Gupta 15 Mar, 18 at 10:17 am

      You have to have valid passport to get things attested from Indian consulate.
      What is your i94 expiry date?
      It is normally same as your passport expiry. I am not sure how are you even in USA legally without it.

      I do not know of any other way, if it exists.


  81. SS
    SS 15 Mar, 18 at 1:25 pm

    Hi,
    This article was very informative, I have been having so many questions about the same and had been searching the internet without much success until I came across this post. Thank you for putting up such a clear article.

    My query is regarding POA that is to be given to my father, to close a gold loan that is in my name and also to close a bank locker which is shared by me and my husband. Do you know if the process is similar.


    • Anil Gupta
      Anil Gupta 15 Mar, 18 at 2:07 pm

      Yes, attestation of POA by Indian embassy process is same for all types of POA and documents.


  82. Nitin Aggarwal
    Nitin Aggarwal 15 Mar, 18 at 1:12 pm

    Hi Anil,

    Thanks for sharing great article here. I need below help to send POA to India.

    – Do i need to Apostille my “special power of attorney” in case of taking possession in India? I am in USA and having india passport. You said that “Send the Apostile-d POA along with documentary proof (only photocopies) with an exception of original passport to the Indian consulate. The consulate will attest and return the documents back to you.”

    Thanks


    • Nitin Aggarwal
      Nitin Aggarwal 15 Mar, 18 at 1:16 pm

      Also, do i need to notary photocopy of all supporting documents if i am sending docs by mail to Indian Consulate?


      • Anil Gupta
        Anil Gupta 15 Mar, 18 at 2:06 pm

        Yes, photocopy of notarized POA is also needed along with notarized copies of supporting documents. Indian consulate will keep that copy for their records.
        Passport is needed in original.


    • Nitin Aggarwal
      Nitin Aggarwal 15 Mar, 18 at 2:29 pm

      Please reply above question as well 🙂


      • Anil Gupta
        Anil Gupta 15 Mar, 18 at 2:46 pm

        At this time Apostile is mandatory if you are applying in SFO Indian embassy. For all other consulates, you can send documents without apostile.


  83. Rajesh Desai
    Rajesh Desai 15 Mar, 18 at 10:12 am

    Hello,
    I want power of attorney from Indian consulate ,,to get divorce from mutual understanding with my wife, , but as I read above detail that b1/b2 visa are not considered .. and also my passport is expired…is there any other way that I can send power of attorney to india


    • Anil Gupta
      Anil Gupta 15 Mar, 18 at 10:19 am

      You have to have valid passport to get things attested from Indian consulate.
      What is your i94 expiry date?
      It is normally same as your passport expiry. I am not sure how are you even in USA legally without it.

      I do not know of any other way, if it exists.


  84. Girish Vakil
    Girish Vakil 11 Mar, 18 at 8:40 pm

    Hello Anil,
    Need to confirm whether “Specific PoA for selling of property in Goa” can be included in a “General PoA for any other work in India” in a Single PoA?
    Regards,
    Girish Vakil


    • Anil Gupta
      Anil Gupta 11 Mar, 18 at 10:35 pm

      As far as I know, specific and general PoA cannot be combined.


  85. Girish Vakil
    Girish Vakil 11 Mar, 18 at 8:42 pm

    Hello Anil,
    Need to confirm whether “Specific PoA for selling of property in Goa” can be included in a “General PoA for any other work in India” in a Single PoA?
    Regards,
    Girish Vakil


    • Anil Gupta
      Anil Gupta 11 Mar, 18 at 10:36 pm

      As far as I know, specific and general PoA cannot be combined.


  86. Manikandan J
    Manikandan J 7 Mar, 18 at 1:13 am

    Hi Anil,
    Thanks for your wonderful feedback. I am currently in Bay area, California and going to submit POA at SFO’s Indian consulate for Attestation at Indian Consulate. I am not clear about Apostille process. So I am raising this question again. please don’t mind.
    I understood that Apostille is mandatory for POA when submit it at SFO’s office. but do we need to get Apostille on 2 copies of POA’s? or Just only on 1 copy is enough?
    should I submit 2 original copies of POA (one with Apostille) and (one without Apostille) into Indian consulate? or Just photocopy is enough?
    please clarify my doubt. Thanks in advance.


    • Anil Gupta
      Anil Gupta 7 Mar, 18 at 9:32 am

      Apostile is done by US state’s secretary. Find one near you and the document apostiled by them.
      Any document signed by US state secretary (known as ‘APOSTILE’) is legally valid in Indian courts, as US and India have signed ‘Hague convention’.
      But, the problem arises when some government offices do not recognize it due to lack of knowledge.

      Hence, I recommend to get it ‘attested’ by Indian embassy too. Ideally, if a document is apostiled, it really does not need Indian embassy attestation.

      Photocopy will work with Indian embassy.


      • Manikandan J
        Manikandan J 7 Mar, 18 at 12:05 pm

        Thanks for the explanation and now I am clear with Apostile process. but still I couldn’t get your point about POA doc sign at US state secretary. please reply with your answers against each questions. First we have to prepare 2 original of POA’s right,

        1. Should I get notary sign & seal with witness signature on both original POA’s?
        2. Should I get Apostile sign on both original of POA’s?
        3. If you say notary and Apostile is only require on one orginal POA, Is Embassy will accept photocopy of orginal POA for their internal evidance purpose?

        please never mind that I am repeating the questions because I am in hurry to complete to POA process and try to avoid rejection from embassy. more over I need to pay double amount for 2 copies (notary and Apostile) that’s why checking with you. Thanks.


        • Anil Gupta
          Anil Gupta 7 Mar, 18 at 1:37 pm

          It is your choice to create two ‘same’ original and 1 original and 1 photocopy (after all notary and apostile). In my case, i had created two original PoAs (with exact same content).
          You can follow either process. I will answer your question assuming you your create TWO POA with same content.
          1. Yes, for both.
          2. Yes, for both.
          3. No. If you follow the TWO original POA method, get notary and apostile on both.
          If you follow the 1 original and other photocopy method, then get the photocopy done AFTER apostile step but before submitting to Indian embassy.
          4. Yes, notary and apostile will charge for each document (does not matter of content is same) separately.


          • Manikandan J
            Manikandan J 7 Mar, 18 at 1:50 pm

            Great anil. now I understood clearly. Thank you so much. I would like to appreciate your post and comments because this article will help lot of people who wants to know about POA process. keep up the good work.


            • Anil Gupta
              Anil Gupta 7 Mar, 18 at 2:13 pm

              You are welcome. I am glad it helped you.


              • Manikandan J
                Manikandan J 9 Mar, 18 at 4:45 pm

                Hi Anil,
                One more question. In this article your mentioned like this “Do NOT sign the POA with YOUR signature as you need to do it in front of Indian Consulate”. Here my question is when I go for Apostile will they accept and do it without my Signature on POA doc? If not how to handle this case?


                • Anil Gupta
                  Anil Gupta 9 Mar, 18 at 9:30 pm

                  You can sign if they absolutely want you to before apostille.
                  You can then sign one more time in front of Indian consulate. This is fine.


                  • Manikandan J
                    Manikandan J 9 Mar, 18 at 9:39 pm

                    OK it sounds good. Thank you anil.


  87. Manikandan J
    Manikandan J 7 Mar, 18 at 1:14 am

    Hi Anil,
    Thanks for your wonderful feedback. I am currently in Bay area, California and going to submit POA at SFO’s Indian consulate for Attestation at Indian Consulate. I am not clear about Apostille process. So I am raising this question again. please don’t mind.
    I understood that Apostille is mandatory for POA when submit it at SFO’s office. but do we need to get Apostille on 2 copies of POA’s? or Just only on 1 copy is enough?
    should I submit 2 original copies of POA (one with Apostille) and (one without Apostille) into Indian consulate? or Just photocopy is enough?
    please clarify my doubt. Thanks in advance.


    • Anil Gupta
      Anil Gupta 7 Mar, 18 at 9:33 am

      Apostile is done by US state’s secretary. Find one near you and the document apostiled by them.
      Any document signed by US state secretary (known as ‘APOSTILE’) is legally valid in Indian courts, as US and India have signed ‘Hague convention’.
      But, the problem arises when some government offices do not recognize it due to lack of knowledge.

      Hence, I recommend to get it ‘attested’ by Indian embassy too. Ideally, if a document is apostiled, it really does not need Indian embassy attestation.

      Photocopy will work with Indian embassy.


      • Manikandan J
        Manikandan J 7 Mar, 18 at 12:06 pm

        Thanks for the explanation and now I am clear with Apostile process. but still I couldn’t get your point about POA doc sign at US state secretary. please reply with your answers against each questions. First we have to prepare 2 original of POA’s right,

        1. Should I get notary sign & seal with witness signature on both original POA’s?
        2. Should I get Apostile sign on both original of POA’s?
        3. If you say notary and Apostile is only require on one orginal POA, Is Embassy will accept photocopy of orginal POA for their internal evidance purpose?

        please never mind that I am repeating the questions because I am in hurry to complete to POA process and try to avoid rejection from embassy. more over I need to pay double amount for 2 copies (notary and Apostile) that’s why checking with you. Thanks.


        • Anil Gupta
          Anil Gupta 7 Mar, 18 at 1:38 pm

          It is your choice to create two ‘same’ original and 1 original and 1 photocopy (after all notary and apostile). In my case, i had created two original PoAs (with exact same content).
          You can follow either process. I will answer your question assuming you your create TWO POA with same content.
          1. Yes, for both.
          2. Yes, for both.
          3. No. If you follow the TWO original POA method, get notary and apostile on both.
          If you follow the 1 original and other photocopy method, then get the photocopy done AFTER apostile step but before submitting to Indian embassy.
          4. Yes, notary and apostile will charge for each document (does not matter of content is same) separately.


          • Manikandan J
            Manikandan J 7 Mar, 18 at 1:51 pm

            Great anil. now I understood clearly. Thank you so much. I would like to appreciate your post and comments because this article will help lot of people who wants to know about POA process. keep up the good work.


            • Anil Gupta
              Anil Gupta 7 Mar, 18 at 2:14 pm

              You are welcome. I am glad it helped you.


              • Manikandan J
                Manikandan J 9 Mar, 18 at 4:46 pm

                Hi Anil,
                One more question. In this article your mentioned like this “Do NOT sign the POA with YOUR signature as you need to do it in front of Indian Consulate”. Here my question is when I go for Apostile will they accept and do it without my Signature on POA doc? If not how to handle this case?


                • Anil Gupta
                  Anil Gupta 9 Mar, 18 at 9:31 pm

                  You can sign if they absolutely want you to before apostille.
                  You can then sign one more time in front of Indian consulate. This is fine.


                  • Manikandan J
                    Manikandan J 9 Mar, 18 at 9:41 pm

                    OK it sounds good. Thank you anil.


  88. Sidhu Kdla
    Sidhu Kdla 6 Mar, 18 at 3:03 pm

    HI , So I have a house named on me which my dad bought it few years back in india. So now we wanted to sell that, Do i need to send them POA ? IF so what kind of POA i need to send them registered or the one without attestiation ?
    Whom should i check ….the person who’s buying my house need to check these Q’s with bank which he’s applying the loan ??
    Should i check with the register office what is need to my father to do the selling registration on my behalf ??

    Really appreciate the help…. I’m so glad i found this link …i was just going insane till now , Have no idea what POA is 🙁


    • Anil Gupta
      Anil Gupta 6 Mar, 18 at 3:32 pm

      You need a ‘special power of attorney’ as provided in above article.
      Just add a line to it ‘Your father has the right to SELL the property on your behalf”.

      You need to first get it ‘Attested’ by Indian Embassy (Follow the process as mentioned above) and then send it to India.
      In India, your father needs to ‘Register’ the PoA that you sent with the local Registrar office. Complete step by step process to register POA is mentioned here: https://www.am22tech.com/registered-power-of-attorney-in-india/

      Once registered, your father can use the PoA to sell the property and sign on sale deed on your behalf.


  89. Sidhu Kdla
    Sidhu Kdla 6 Mar, 18 at 3:04 pm

    HI , So I have a house named on me which my dad bought it few years back in india. So now we wanted to sell that, Do i need to send them POA ? IF so what kind of POA i need to send them registered or the one without attestiation ?
    Whom should i check ….the person who’s buying my house need to check these Q’s with bank which he’s applying the loan ??
    Should i check with the register office what is need to my father to do the selling registration on my behalf ??

    Really appreciate the help…. I’m so glad i found this link …i was just going insane till now , Have no idea what POA is 🙁


    • Anil Gupta
      Anil Gupta 6 Mar, 18 at 3:33 pm

      You need a ‘special power of attorney’ as provided in above article.
      Just add a line to it ‘Your father has the right to SELL the property on your behalf”.

      You need to first get it ‘Attested’ by Indian Embassy (Follow the process as mentioned above) and then send it to India.
      In India, your father needs to ‘Register’ the PoA that you sent with the local Registrar office. Complete step by step process to register POA is mentioned here: https://www.am22tech.com/registered-power-of-attorney-in-india/

      Once registered, your father can use the PoA to sell the property and sign on sale deed on your behalf.


  90. Mike Kapur
    Mike Kapur 1 Mar, 18 at 9:42 am

    I just wanted to share my experience specific to Chicago Consulate as I has been there on Monday 26th Feb. Here are few things that should help others. I am on H1B and wife on H4 so this (documents etc) applies to people on H1.

    Preparation for Visit
    ———————
    1. Make sure you see consulate holidays before you plan to visit. You don’t want to be disappointed that you reach and consulate in closed.

    2. Make sure you put all originals in one folder separately as most probably it WILL NOT be needed (except Passport).

    3. Make copies of I797, passport 1st and last page, Visa stamped page (even if visa is expired), I94 (for me it was part of I797 as previous I94 is already expired). For each executant, make sure you separately put keep them with a clip so easier to manage and give to officer.

    Parking for Consulate
    ———————
    1. This is coming from a guy who is very very scared of downtown driving especially in big cities like Chicago. I strongly recommend parking in the NBC Tower garage parking. I would suggest use spothero and book for like 8 AM to 6 PM and it should cost $16. Any later and you will end up paying $35+. You can enter the garage late as well but just book for 8AM-6PM slot.

    2. Depending on where you are coming from (I was coming from Indiana so south to Chicago) check which route is best to get to this garage. It is on Lower street so study route as GPS / Google maps will get confused when you are under bridge or underground.

    3. There are other parking very near as well but they cost almost double. One is like just opposite NBC tower parking gate and is open parking (NBC tower is underground parking).

    Getting the main work done
    ————————–
    1. Go to 8th floor in the NBC Tower buidling, the consulate is on this floor. Go to reception and take a token and sit inside main hall. Go to counter when name is called. Fill the Miscellaneous services form for EACH executant (if it is POA). Better to download form at home and fill it and then go.

    2. I went for getting POA attested for getting a bank loan in India for property and it was a Generic POA (format provided by Bank). I filled 3 copies of the POA (2 for me and 1 for consulate, but in most cases you do only 2 copies in total) and put photos of me and my wife(had done already at home), signed on the photos(in front of the officer).

    3. It is VERY VERY important that the name of the people in the POA (executants) and the name in your passport matches exactly. I had a problem where the property is being purchased on my wife’s name and mine and we wrote her “after marriage name” while her passport, US Drivers license etc have “before marriage name”. The officer was kind enough and told us there was no need of making corrected copies and instead use a pen and make corrections in the POA and sign each page (sort of self attestation).

    4. They took the copies of Passport 1st and last page, US driver’s license (acts as address proof in US), I797, I94 copies. Stamped Visa page. They keep the passport with them and only returned with the attested documents. Keep the receipt safely that they give you.

    5. They did not ask for any witnesses at all. I never took any witnesses with me nor did I get any notarization of witness signatures.

    Timepass for next 6 Hours
    ————————-
    1. Now that you have submitted everything you leave the consulate and depending on what you want to do, kill you time for next 6 hours as the earliest you will be able to go back to consulate is 3:30 PM. Watch a movie at AMC near by, do sightseeing, have buffet lunch at nearby Indian restaurant or do anything you want. I suggest keep all documents back in car’s trunk (not visible in seat and such) when going for chicago sightseeing.

    Getting back documents
    ———————-
    1. Reach back to the consulate at 3:30 PM, directly go to counter (no need to take any token) and knock the window and give the receipt and get the documents. Check them thoroughly before you leave and once everything is ok, leave the consulate, back to your home.


    • Anil Gupta
      Anil Gupta 1 Mar, 18 at 10:02 am

      Thanks for your extensive feedback. It really helps.

      The only thing i would like to point here is that even though embassy did not ask for 2 witness signatures, you would need those 2 witness in India, if you plan to register this POA.


      • Mike Kapur
        Mike Kapur 1 Mar, 18 at 10:17 am

        We explicitly asked the Bank and they told no need of witnesses. Also for the builder POA as well we were told no witnesses needed. I am not sure how. I asked my couple of colleagues who are from a totally different state and they told they didn’t even ever go to any embassy to do any attestation.

        Let’s see how it pans out.


  91. Mike Kapur
    Mike Kapur 1 Mar, 18 at 9:41 am

    I just wanted to share my experience specific to Chicago Consulate as I has been there on Monday 26th Feb. Here are few things that should help others. I am on H1B and wife on H4 so this (documents etc) applies to people on H1.

    Preparation for Visit
    ———————
    1. Make sure you see consulate holidays before you plan to visit. You don’t want to be disappointed that you reach and consulate in closed.

    2. Make sure you put all originals in one folder separately as most probably it WILL NOT be needed (except Passport).

    3. Make copies of I797, passport 1st and last page, Visa stamped page (even if visa is expired), I94 (for me it was part of I797 as previous I94 is already expired). For each executant, make sure you separately put keep them with a clip so easier to manage and give to officer.

    Parking for Consulate
    ———————
    1. This is coming from a guy who is very very scared of downtown driving especially in big cities like Chicago. I strongly recommend parking in the NBC Tower garage parking. I would suggest use spothero and book for like 8 AM to 6 PM and it should cost $16. Any later and you will end up paying $35+. You can enter the garage late as well but just book for 8AM-6PM slot.

    2. Depending on where you are coming from (I was coming from Indiana so south to Chicago) check which route is best to get to this garage. It is on Lower street so study route as GPS / Google maps will get confused when you are under bridge or underground.

    3. There are other parking very near as well but they cost almost double. One is like just opposite NBC tower parking gate and is open parking (NBC tower is underground parking).

    Getting the main work done
    ————————–
    1. Go to 8th floor in the NBC Tower buidling, the consulate is on this floor. Go to reception and take a token and sit inside main hall. Go to counter when name is called. Fill the Miscellaneous services form for EACH executant (if it is POA). Better to download form at home and fill it and then go.

    2. I went for getting POA attested for getting a bank loan in India for property and it was a Generic POA (format provided by Bank). I filled 3 copies of the POA (2 for me and 1 for consulate, but in most cases you do only 2 copies in total) and put photos of me and my wife(had done already at home), signed on the photos(in front of the officer).

    3. It is VERY VERY important that the name of the people in the POA (executants) and the name in your passport matches exactly. I had a problem where the property is being purchased on my wife’s name and mine and we wrote her “after marriage name” while her passport, US Drivers license etc have “before marriage name”. The officer was kind enough and told us there was no need of making corrected copies and instead use a pen and make corrections in the POA and sign each page (sort of self attestation).

    4. They took the copies of Passport 1st and last page, US driver’s license (acts as address proof in US), I797, I94 copies. Stamped Visa page. They keep the passport with them and only returned with the attested documents. Keep the receipt safely that they give you.

    5. They did not ask for any witnesses at all. I never took any witnesses with me nor did I get any notarization of witness signatures.

    Timepass for next 6 Hours
    ————————-
    1. Now that you have submitted everything you leave the consulate and depending on what you want to do, kill you time for next 6 hours as the earliest you will be able to go back to consulate is 3:30 PM. Watch a movie at AMC near by, do sightseeing, have buffet lunch at nearby Indian restaurant or do anything you want. I suggest keep all documents back in car’s trunk (not visible in seat and such) when going for chicago sightseeing.

    Getting back documents
    ———————-
    1. Reach back to the consulate at 3:30 PM, directly go to counter (no need to take any token) and knock the window and give the receipt and get the documents. Check them thoroughly before you leave and once everything is ok, leave the consulate, back to your home.


    • Anil Gupta
      Anil Gupta 1 Mar, 18 at 10:01 am

      Thanks for your extensive feedback. It really helps.

      The only thing i would like to point here is that even though embassy did not ask for 2 witness signatures, you would need those 2 witness in India, if you plan to register this POA.


      • Mike Kapur
        Mike Kapur 1 Mar, 18 at 10:16 am

        We explicitly asked the Bank and they told no need of witnesses. Also for the builder POA as well we were told no witnesses needed. I am not sure how. I asked my couple of colleagues who are from a totally different state and they told they didn’t even ever go to any embassy to do any attestation.

        Let’s see how it pans out.


  92. Ram Lakhan Singh
    Ram Lakhan Singh 27 Feb, 18 at 11:48 am

    Hi Anil I am visiting USA on B1/B2 visa, having Indian passport. I am staying with my daughter, No address proof in my name, I have to file a court case in Delhi and I have to give SPA.
    Can you suggest what can I do


    • Anil Gupta
      Anil Gupta 27 Feb, 18 at 12:42 pm

      As per my information, B1/B2 visa is NOT considered by Indian embassy for creating POA.
      Valid address proof on person’s name is mandatory too.


      • Ram Lakhan Singh
        Ram Lakhan Singh 27 Feb, 18 at 12:46 pm

        Thanks Anil


  93. Ram Lakhan Singh
    Ram Lakhan Singh 27 Feb, 18 at 11:49 am

    Hi Anil I am visiting USA on B1/B2 visa, having Indian passport. I am staying with my daughter, No address proof in my name, I have to file a court case in Delhi and I have to give SPA.
    Can you suggest what can I do


    • Anil Gupta
      Anil Gupta 27 Feb, 18 at 12:43 pm

      As per my information, B1/B2 visa is NOT considered by Indian embassy for creating POA.
      Valid address proof on person’s name is mandatory too.


      • Ram Lakhan Singh
        Ram Lakhan Singh 27 Feb, 18 at 12:47 pm

        Thanks Anil


  94. Markus Patel
    Markus Patel 26 Feb, 18 at 5:30 pm

    Hi Anil,

    I am a Green Card holder living in the USA. I have a Canadian Passport only. Will the Indian Embassy allow me to use their services here in the US and attest my power of attorney to sell land back in India?


    • Anil Gupta
      Anil Gupta 26 Feb, 18 at 7:37 pm

      Yes, I think they will.


      • Shashi Kaushik
        Shashi Kaushik 4 Apr, 18 at 10:58 pm

        Anil, I’m US citizen holding OCI, living in CA. US CONSULATE website says they need POA Apostled from Sec of State CA.
        Your steps say if holding OCI there is no need to Apostle.
        Can you please calrify?

        Thanks,
        Shashi


  95. Markus Patel
    Markus Patel 26 Feb, 18 at 5:31 pm

    Hi Anil,

    I am a Green Card holder living in the USA. I have a Canadian Passport only. Will the Indian Embassy allow me to use their services here in the US and attest my power of attorney to sell land back in India?


    • Anil Gupta
      Anil Gupta 26 Feb, 18 at 7:38 pm

      Yes, I think they will.


      • Shashi Kaushik
        Shashi Kaushik 4 Apr, 18 at 10:59 pm

        Anil, I’m US citizen holding OCI, living in CA. US CONSULATE website says they need POA Apostled from Sec of State CA.
        Your steps say if holding OCI there is no need to Apostle.
        Can you please calrify?

        Thanks,
        Shashi


  96. Kamal Choudhury
    Kamal Choudhury 24 Feb, 18 at 2:08 pm

    Hi Anil,

    Can you let us know how do we verify if the PoA sent from USA is genuine and not fake? I am an Indian buyer trying to purchase a property from an NRI.
    Thanks,
    Kamal


    • Anil Gupta
      Anil Gupta 25 Feb, 18 at 11:40 am

      It should have Indian embassy’s stamp and consulate signature. The stamp will tell which embassy it was attested by.
      Also, the same POA should have been REGISTERED in India too. It should have the stamp and signature of ‘Registrar’ where it was registered.

      If any of them is missing, the PoA is NOT legally valid.


      • Kamal Choudhury
        Kamal Choudhury 26 Feb, 18 at 10:09 am

        Thanks a lot!


        • Anil Gupta
          Anil Gupta 26 Feb, 18 at 11:27 am

          You are welcome.


  97. Vinay
    Vinay 22 Feb, 18 at 3:32 pm

    I just got 2 power of attorneys attested today at the Indian consulate in new York (5th avenue).
    – They did not ask for any photos.
    – They did not ask for any public notary notarization for witness signature (even though I got that done and carried it with me).

    These are the documents that they needed from me:

    – 2 copies of the power of attorney typed or written on plain paper
    – 2 witnesses has to sign your power of attorney. they dint even care who the witnesses were. So probably even if i had scribbled 2 signatures, they were fine with it.
    – They will need your original passport + copy of all printed pages in your passport including USA VISA page
    – They also need one copy of i 94
    – One copy of i797
    they did not ask me for originals for 797 and I94
    And they accept only cash It is $21 for one power of attorney


    • Anil Gupta
      Anil Gupta 22 Feb, 18 at 3:46 pm

      Thanks Vinay for sharing your experience.


    • Manikandan J
      Manikandan J 7 Mar, 18 at 2:42 pm

      Hi Vinay,
      First of all why we need to have 2 POA Docs. Is that 2 copies of POA Docs are original? because as per my understanding consulate will attest 1 original POA doc and they would ask 1 photocopy of this original POA doc for their internal tracking purpose. but I would like to know Is Indian consulate accepts only original POA doc for their internal tracking purpose or just photocopy of POA is enough?


  98. Rahul
    Rahul 13 Feb, 18 at 3:01 pm

    Hi, please check this link https://www.indiacgny.org/pages.php?id=14471417 . Even when I’m mailing the documents (not visiting in person), they don’t mention about Apostile. Do you know if that is true or something changed?


    • Anil Gupta
      Anil Gupta 13 Feb, 18 at 3:54 pm

      Yes, that’s correct. But, as a safer option, i have suggested to get the docs apostiled if you are mailing.
      Some of the Indian embassy do ask for it specifically.

      You can skip the apostile step for NY embassy, if you want.
      NY embassy is probably the most lenient.


      • Rahul
        Rahul 13 Feb, 18 at 4:23 pm

        Thank you Anil! For the benefit of everyone, I have written an email to Indian embassy NY to confirm this and they reverted within 1-2 hours. Here is their response:

        Please get the POA notarized since you are sending it by Post. I presume you hold an Indian Passport or Indian OCI. In case you do not hold an Indian Passport nor an OCI, you will need to get the POA Apostiled


        • Anil Gupta
          Anil Gupta 13 Feb, 18 at 4:59 pm

          Sounds good. Thanks for the update. I will add this information in above article too.


  99. chaturbhai
    chaturbhai 11 Feb, 18 at 10:42 pm

    Hi Anil, I am a permanent resident and want to sell a house in India. My wife is coowner of the property but cannot travel to India for the sale. Can I just take the general POA with me and sell on her behalf? Also she had her maiden name on the property when be bought the house and now she changed her last name. Will that be a problem when i sell? how do I ensure that it is taken care of in the POA and during the sale…


    • Anil Gupta
      Anil Gupta 12 Feb, 18 at 8:16 am

      You have to take a ‘Special power of attorney’ specifically meant for the property you want to sell.
      Mention the maiden and current name in the POA to avoid any confusion/questions.


  100. Mike
    Mike 6 Feb, 18 at 11:23 am

    Hi Anil,
    Chicago Consulate does not require apostile of documents. I asked them by calling. Can you update this in your main article so it helps others?


    • Anil Gupta
      Anil Gupta 6 Feb, 18 at 11:58 am

      Thanks Mike. I have updated it.
      We appreciate your help.


  101. Mike
    Mike 6 Feb, 18 at 10:52 am

    I have multiple questions so I will post them separated by the ———. Sorry for Long post.

    I am seeking a Home Loan from Bank of Baroda and they have sent me list of documents to get. Couple of things I am confused are…

    Bio-data covering educational qualifications, age, job experience, nature of profession/ business etc.,with necessary proof —-> Is this biodata the same form as on Page 2 of below link ?

    http://indianconsulate.com/pdf/All_forms.pdf

    Also, is the Miscellaneous services form also needed to be filled ?
    ——————————————————————————

    The bank loan list of docs also asks for Salary Certificate / Income Statement. My salary gets credited in my bank account every 15 days, do I have to provide this ? Never seen a salary certificate for US salary I guess.

    —————————————————————————-

    The bank also sent me a specimen GENERAL POA to be filled. It does not have anything related to putting my picture (but has space for picture of the person whom I am giving POA) or signing for witnesses. Is the witness sign only required for the actual buying of House POA (different from Bank Loan POA ?) I have uploaded the BANK POA for you to see here..

    http://www.mediafire.com/file/nc9ifil4oau3wxb/poa%20CUSTOMER%20NRI.pdf

    Does the Bank POA need witness signatures ?
    Also, if you check the above linked Bank POA, if I am going to fill it, I won’t have sign or photo for my attorney / person whom I am giving POA so how will embassy attest this without those details ?

    —————————————————————————-
    The Builder did give me his own version of SPECIAL POA which he told there is no
    need to get embassy attested and they would accept only notarization.
    If my builder mentioned that he doesn’t need any embassy attestation, then I guess I only need to take my Bank POA to embassy right ? If yes then how many copies I need to take ?

    —————————————————————————-
    Does the Bank Loan form any notarization / Attestation from embassy ?


    • Anil Gupta
      Anil Gupta 6 Feb, 18 at 1:27 pm

      1. For Bank loan, the documents they are asking for your resume. No miscellaneous form is required unless you want your Resume ‘attested’ by Indian embassy.

      2. Salary certificate is called ‘Salary Stub’ in US. You can ask your company to provide you. Most of the companies use ‘ADP’ as a third party accounting provider. Check with your fellow employees or HR and they would tell you how they get the salary stubs.
      It is pretty common.

      3. PoA does not have any specific format. The one I have shared is what I designed myself and successfully used it in India for buying a flat.
      If the bank has provided their own format, that is good for you. You should use it as they will understand their OWN format better than anything else.

      4. If the Bank PoA does not ask for witness signatures, then you can skip it. But, The Indian embassy may ask you to get 2 witness signatures. So, i would suggest to get it and avoid any delays while you are at embassy.

      5. You will have to sign even if the Bank POA does not have space for it. Indian Embassy ONLY attests the person’s signature. They do not care about what’s written in the document.

      6. 2 copies are needed for Embassy attestation.

      7. If the builder is okay with only notarized (not sure if they are okay with simple notarization or they mean Indian embassy notarization), then you are fine.
      But, be careful, the notarized (by Notary) PoA is NOT legally valid in India.
      You won’t be able to register this notarized PoA in India unless it is attested by Indian Embassy.

      8. It depends on bank’s requirement if they are asking for simple notarization or Indian embassy attestation. Each bank has their own requirements. Do what they are asking for.


      • Mike
        Mike 6 Feb, 18 at 2:31 pm

        Thanks a lot for your detailed reply.
        For Point#1 No idea if they want resume. The Biodata format on consulate website does have spaces or “Notarization” and “Embassy Attestation”. So will ask bank if that’s what they are asking.

        For Point#2 Yes I get my salaries and W2 using ADP so yes I will provide those for verification. The bank is asking last 24 months which is little absurd since that would mean 48 pages of salary slips only.

        For Point#4 I will check with bank on the witness signatures. The embassy is 3 Hours away from my home so cannot afford to keep going back. The Builder POA did not need witness signatures though.

        For Point#7 I already have a locally notarized copy (with our pics and cross signature) with me. Would it make sense for me to make 2 more copies of the builder POA and this time I get it attested at embassy instead. This way I can send my dad both the copies (one with local notary and one with embassy attestation) and they can use whatever works best for them ?

        For Point#8 Bank definitely needs embassy attestation. So for bank anyways I have to go to Chicago. Since I am already going planning to get the other Builder POA also attested.


        • Anil Gupta
          Anil Gupta 6 Feb, 18 at 5:04 pm

          Just get the notarized PoA (that you have for builder) attested by Indian Embassy.
          Builder would not mind it.
          It does not harm to have an extra layer of attestation and thereby extra security of document.


  102. Ram
    Ram 4 Feb, 18 at 8:53 pm

    I am a citizen of United states. Before becoming the citizen here, I had bought a land with a group of people and now the land is getting sold. I need to authorize my sister with POA for acting on behalf. I do have POA printed in stamp paper (prepared in India). Can I get his POA apostiled and then get it attested in SFO consulate? It looks like read in the SFO site that only documents prepared in US will be attested by the consulate? Is that correct?


    • Anil Gupta
      Anil Gupta 5 Feb, 18 at 8:09 am

      I think you have to make a new PoA in US and get it apostiled by US state and attested by Indian embassy.
      Indian stamp paper will not be acceptable here. I have no experience with it though.


      • Kishor
        Kishor 24 Feb, 18 at 3:45 am

        Thanks for good details. I am US citizen resisding in USA. I need to rent a property in India . I guess I will need to creat a power of attorney on plain paper, get it notorized from my HR with two witnesses signatures and my signature and send it to Chicago consulate by post? Is this sufficient?


        • Anil Gupta
          Anil Gupta 24 Feb, 18 at 10:48 am

          Yes, that’s sufficient.


  103. Mia
    Mia 31 Jan, 18 at 10:12 pm

    Hello Anil,

    Thank you for this wonderful post.

    I will be traveling to Atlanta embassy to get my POA attested next week as I am purchasing an apartment in India. Could you please help me with these questions.

    1. I will be providing a POA to my dad in State Bank of India’s format so he can apply for a house loan on my behalf. I believe I need to get this POA attested by the embassy as well.
    Do I still need to provide the special POA detailed in your post, in addition to the housing loan POA?
    If yes, Can the embassy attest both POAs at the same time?

    2. Since we have to take copies of all documents to the embassy, do i need to notarize witness signatures on both copies OR can i notarize the original and make a copy of it?

    Thanks
    Mia


    • Anil Gupta
      Anil Gupta 1 Feb, 18 at 8:56 am

      1. I am not sure what all has been written in SBI PoA format. Since, there is no common format, there could be many things that SBI may have missed writing into the PoA. I have provided a sample PoA above for easy identification of the points that you should write for buying an apartment. Just compare and see what is missing and you can add it to your PoA.

      Bank’s PoA are pretty generic. On the other hand, the PoA required by property registrar office in India needs to be specific and specially created for that particular property with its address clearly mentioned on it.
      Yes, embassy can attest as many PoA as you want. They actually do not read the PoA contents and neither do they verify it. Their ONLY role in attestation is to attest YOUR signature on the document. That’s it.
      What you have written in PoA is your responsibility. Embassy does not care about it.

      2. Yes, you can create one original copy, get it notarized and then use the photocopy to submit in Indian embassy.


  104. SK
    SK 26 Jan, 18 at 3:43 pm

    Thanks Anil for writing this excellent article. I got my POA attested yesterday at Indian Consulate New York office by following steps you mentioned in article. Few observations I would like to mention:

    1. Fee they charged was $22. Remember, now a days they are only accepting only cash.
    2. I approached Bank of America for notarizing power of attorney document. They mentioned that they are not authorized to notarize POA. Not sure, why!
    3. Go early and get your attested document early. They were taking the documents and returning attested documents back in 30 to 45 mins slots.

    Regards
    SK


    • Anil Gupta
      Anil Gupta 26 Jan, 18 at 3:51 pm

      Thanks SK. It is valuable information.


  105. Suneeti B Kher
    Suneeti B Kher 15 Jan, 18 at 8:15 pm

    Hi Anil, i was reading the answer you gave to Akaknsha Potdar about a month ago. In that you said the PoA need not be apostilled in India. So can one write a PoA here, get it notarised here in front of two witnesses and then register it in the sub_registrar’s office in India and skip the apostillation and embessy steps altogether as long as the person who is giving the PoA goes personally to registrar’s office in Pune? Thanks for your help.


    • Anil Gupta
      Anil Gupta 16 Jan, 18 at 9:30 pm

      Apostile is not mandatory unless you are going to SFO Indian embassy.
      Each Indian embassy has their own requirements.

      You can simply go to Indian embassy and get your POA attested, with 2 witnesses.


  106. Suneeti B Kher
    Suneeti B Kher 15 Jan, 18 at 7:59 pm

    Hi Anil, I had written to you about 10 days ago and still need some clarification. My two sons jointly own a piece of land in India that they would like to sell. We are all goi g to India within next 3 weeks though the two of them will not be there at the same time. Can we do the whole procedure ( attestation, registration, etc.) in India? Who will do apostilling in that case? What paperwork needs to be submitted? My husband and I own a flat there, can we all use that as our address? Thanks for your help.


    • Anil Gupta
      Anil Gupta 16 Jan, 18 at 9:31 pm

      I answered you in your other comment.
      Let me know if you need more information.


  107. Nik M
    Nik M 7 Jan, 18 at 8:44 pm

    Anil,

    Hello. Thanks for your efforts here!

    I have a reverse situation. My wife is in India (Indian citizen) and I am US citizen (recently married to her). I need to execute & file Joint US tax returns etc. for us and hence I need her POA – to be used here in US for tax and financial purposes (until she can join me here).

    Are you aware if a POA issued and signed by her there in India will be valid automatically. Or in general if you know the process/steps involved to get it right.

    Thanks.
    Nik


    • Anil Gupta
      Anil Gupta 8 Jan, 18 at 2:10 pm

      Hi Nik,
      I have no prior experience with this situation. Sorry.


  108. suneeti kher
    suneeti kher 4 Jan, 18 at 1:57 pm

    My two sons own a piece of residential land jointly. I understand how they will have to give power of attorney to sell the land to me so I can sell it while I am in India. But it seems they both will be in India (not at the same time) while I am still in India. Can they give me the power of attorney while in India and that way save all the time involved in going through the Indian consulate? Thanks for all your help.


    • Anil Gupta
      Anil Gupta 4 Jan, 18 at 3:10 pm

      They can, but they still need to be present together in Indian ‘registrar’s’ office to register the POA.
      Or you can create two separate POA’s in India with each of your son whenever they visit India.


  109. NHfromBuffalo
    NHfromBuffalo 29 Dec, 17 at 4:29 pm

    Hi, my sister has a house in her name in India, but lives in the US. She has a buyer for the house but is unable to travel to India at this time to take care of the paperwork. Can she use this attestation/registration of POA to my father who also resides in the US and make him the POA so he can take care of all the paperwork in India to sell the house?

    If so, do both of them have to go to the Consulate office? Thank you in advance.


    • Anil Gupta
      Anil Gupta 29 Dec, 17 at 4:37 pm

      1. Yes, she can give a PoA to her father and his father can sign in India on her behalf.
      2. Yes, both of them have to go Consulate office.


    • suneeti kher
      suneeti kher 1 Jan, 18 at 2:14 pm

      My two sons own some property in India that was given to them by my husband and me. Both are US passport holders. Now they would like to sell it but are unable to go to India or to the New York Consulate. So how can they give the Power of Attorney to me so I can sell it on their behalf when I will be there in March. Thanks for your help.


      • Anil Gupta
        Anil Gupta 1 Jan, 18 at 6:11 pm

        You can send the POA application by mail to NY consulate and get it attested.
        Just follow the above article.

        Please note that going to NY consulate with all parties involved is much easier and faster process for POA attestation.


  110. Vibhor Khare
    Vibhor Khare 28 Dec, 17 at 7:34 am

    Hello my question is right now I am in Oman I want to sell my property in India so wanted to give the my power of attorney to my elder brother who is in India so what I have to do for making the POA in favour of my brother I can’t travel to India now is it possible with Indian embassy in Oman can they do anything??? Please help me


    • Anil Gupta
      Anil Gupta 28 Dec, 17 at 9:20 am

      Yes, you can visit the Indian Embassy in Oman and follow the same process as listed above.


  111. Anuradha
    Anuradha 27 Dec, 17 at 1:25 pm

    Hi Anil,

    My name is Anuradha. Thank you for all the questions and answers. I am doing General POA. In the POA paper, I need to do two witness signatures. My questions is

    Q 1) Is there a requirement as to who can be the witness to sign the POA? For eg. certain visa restriction, no family etc? If no, then, in that case, can my daugter (21) or my husband sign as a witness if I plan to transfer the POA to my sister?

    Thanks


    • Anil Gupta
      Anil Gupta 27 Dec, 17 at 1:42 pm

      Anyone who holds a valid US photo ID and has valid US address can be a witness.
      The witness should not be a direct party or beneficiary in the POA too.

      In your case, if POA holder is going to be your sister and ONLY you are the executant (the person who is giving away the signing rights), then your husband and daughter can be witness.

      Does that answer your question?


    • Anuradha Varadha
      Anuradha Varadha 28 Dec, 17 at 8:48 am

      Hi Anil,
      Thank you so much for clarifying the my question.

      I am little confused about where in the document witnesses has to sign. I have two place that saying witness signatures. Documents has 3 places to witness signatures. Should I get witness all three places

      (Me and my sister have a property on our both names. I am here in US and my sister in India. My General POA document is about I am giving POA to my sister to get loan from the Indian bank by showing the property).

      I hope you understand my situation. I also attached where all the places it is asking. Please clarify my doubts.

      Thanks


      • Anil Gupta
        Anil Gupta 28 Dec, 17 at 9:20 am

        I could not understand from the clipped images as to where all the witnesses are required to sign.

        You are creating POA or this form is for registration of property?


        • Anuradha Varadha
          Anuradha Varadha 28 Dec, 17 at 1:08 pm

          Sorry! I am creating a POA. I did not post first 2 pages since those pages has sensitive information. These first 2 pages has terms and conditions that she can do behalf me.


          • Anil Gupta
            Anil Gupta 28 Dec, 17 at 1:47 pm

            Each POA page should be signed by both witnesses.


            • Anuradha Varadha
              Anuradha Varadha 28 Dec, 17 at 3:10 pm

              Thank you Anil! Appreciate your help.


  112. Amol
    Amol 26 Dec, 17 at 7:46 am

    Hi Anil,

    My name is Amol More.

    First i would like to thank you for all your responses on every question.

    I have one query,

    My query is, i am purchasing one plot. I am facing problem because of Power of Attorney.

    Owner of plot is on the name of the son and general power of Attorney has been given on name of father name.

    Son is in US and father is in India. I am purchasing property from father of that son.

    General power of Attorney has been signed from US Embassy by son. In general power of Attorney has mentioned about selling right to his father.

    As i heard, peoples says we need the registered Power of Attorney for selling the property.

    Owner of the property(Son) is telling we have done all necessary things for power of Attorney.

    The power of Attorney has been registered in India on Rs. 500 stamp paper.

    As of i know we need to make the registered power of Attorney and pay the stamp duty in sub register office.

    My question is, can this power of Attorney we use for selling the property ?

    Your help will much appreciate !


    • Anil Gupta
      Anil Gupta 26 Dec, 17 at 8:26 am

      It depends on what is written in Power of attorney.
      If they have got the POA attested by Indian Embassy and registered it in local SDM (sub-divisional registrar) office, then that POA is acceptable.

      Does this POA mention the SPECIFIC address of the property you are trying to buy?
      I strongly advice people to ONLY consider SPECIAL power of attorney which mentions the property address to avoid any issues later.


      • Amol
        Amol 26 Dec, 17 at 9:34 am

        Anil,

        In power of Attorney has mentioned selling right to his father.

        Yes,they have got POA attested by Indian Embassy but not registered it in local SDM (sub-divisional registrar) office in India.

        I am telling them we need to register in SDM office but Advocate and owner are saying, there is no need of that because they are in blood relation as father and son.This is the main reason i concerned about the legal documentation process.

        Your question of answer is,yes they have mentioned the property address in the power of Attorney.

        Please suggest.


        • Anil Gupta
          Anil Gupta 26 Dec, 17 at 10:00 am

          I would not rely on the lawyer’s statement that it need not be registered. Everything has to be registered to make it legal. It does not matter if it is blood relation or not. They are separate individuals in the eyes of law.

          Just remember one thing as a rule of thumb:
          If it is NOT registered, you cannot challenge it in court if there are any issues later. You will be left on your own to manage if they do any fraud later.


          • Amol
            Amol 26 Dec, 17 at 10:06 am

            Anil,

            You are correct !

            One thing i am not understand, how registration office can document the purchase registration process without having the legal document ?


            • Anil Gupta
              Anil Gupta 26 Dec, 17 at 10:40 am

              Normally, they do not.
              But, everything and anything is possible in India with money under the table.

              Ultimately, you cannot really make a government officer assume responsibility, if anything goes wrong in future.
              It is just too much work and not worth the hassle.


              • Amol
                Amol 26 Dec, 17 at 11:12 am

                Anil,

                I concur the same.

                Thank you so much for valuable suggestion.
                I will not make this deal until its not registered in Sub divisional office.


                • Anil Gupta
                  Anil Gupta 26 Dec, 17 at 11:16 am

                  You are welcome.
                  You can also take a second opinion from a property lawyer to make it easy for you to make a decision.

                  I am not a lawyer :).


                  • Amol
                    Amol 27 Dec, 17 at 5:41 am

                    Hi Anil,

                    Today,i visited to property lawyer for consultant. They charged Rs.1000 for consultation.

                    They said it can work general power of Attorney for selling the property. If ONLY OWNER of the property is outside of India and power of Attorney is given to in the blood relation only. I asked them in which document it has written this rule. They couldn’t answer my question.
                    They answered, they have done such many registration without Sub registered special power of Attorney. Every thing has legally documented without special registered power of Attorney. It’s a regular practice.

                    I had engaged three advocate for check only if the general power Attorney is work for registration or not.

                    Two advocate have daily routine for registration of property and they only believe on government officer assume the responsibility.

                    They just want their registration fees and they don’t care if i get any problem in future. This seems the straight forward.

                    Third was the property consultant, they suggested it work only if the person is outside of India and power of Attorney is given to in the blood relation.

                    I don’t know what should i do because this will be my first property which i am going to buy.
                    I do not want to take a risk and get trouble in the future.


                    • Anil Gupta
                      Anil Gupta 27 Dec, 17 at 9:14 am

                      If I were in your place, I would not buy on the basis of ONLY attested PoA. It is a risk.
                      I am sure you do not want to roam around court for years if there is a fraud later.
                      Better to buy a clean property with clear papers and rights.


  113. Sachin Kumar
    Sachin Kumar 21 Dec, 17 at 8:40 pm

    If we are writing the place and date on the witness signature page ,then whether it will be the place and date of executant’s residence or the place and date need to be mentioned as embassy’s attestation date and place ?


    • Anil Gupta
      Anil Gupta 21 Dec, 17 at 9:13 pm

      Name and place of witness should be the one where they are, at the time of signing.


  114. jacob g Mathai
    jacob g Mathai 20 Dec, 17 at 1:47 pm

    IS the POA required to be apostilled at State level if the applicant is going in person to NY Consulate?


    • Anil Gupta
      Anil Gupta 20 Dec, 17 at 2:15 pm

      No apostile is needed for NY embassy. They can directly go to NY embassy and get it attested.


  115. jacob g Mathai
    jacob g Mathai 19 Dec, 17 at 8:57 pm

    My niece who lives in OHIO, properly apostilled her POA and sent it to NY consulate. The Consulate only stamped the POA on Page 4 (the last page). Other pages were not stamped. The POA could not be registered in India because pages 1 thru 3 were not stamped by Consulate. The POA is needed in India as early as possible for sale of a property. She called Consulate and they said that it is their practice to stamp only the last page. What could she do to make it acceptable in India? An early response will be appreciated.


    • Anil Gupta
      Anil Gupta 20 Dec, 17 at 7:31 am

      Consulate can stamp any number of pages provided you pay for it.
      Did she specifically requested to stamp all pages and then paid for each page separately?

      The things might not be in control if they mail the documents. If your niece can visit in person to NY consulate, they will probably do it.
      As per my experience, when i visited NY consulate and asked for it, they had told me that they charge single fees for all pages in a document. That’s probably the reason they only stamp once too.

      I always advise people to get all pages stamped as I know that some things are not acceptable in India.

      You may have to go through embassy once again in USA. or may be bribe them in India.


  116. Shilpa J
    Shilpa J 16 Dec, 17 at 6:07 pm

    Hi, I need to send a POA for a civil case in India authorizing my mother to represent and handle the case, our lawyer has sent the POA contents, but i am confused should this be a General Power of Attorney or Special Power of Attorney ?
    Does it require a Apostile ?

    Thanks in advance


  117. srinivas
    srinivas 15 Dec, 17 at 3:44 pm

    Hi Anil, I read your article. Its awesome. I have a question on POA. I have done a POA on my father’s name for IDBI Bank (format) for applying a home loan and purchase a property in India. Now , we want to go to Andhra Bank to avail the loan . Do I need to get a new POA for andhra bank with their format or is there any way we can use the same POA for the second bank ?


    • Anil Gupta
      Anil Gupta 15 Dec, 17 at 3:56 pm

      If you have NOT written anything specific to IDBI bank in the POA, it can be used with any bank.


      • srinivas
        srinivas 15 Dec, 17 at 10:10 pm

        Thanks for the lightening response time..Unfortunately, I have done POA on the form which IDBI sent me. Is there is COMMON/GENERAL POA template where it can be used at ANY Bank/ ANY authorization ? If yes, can you please send it to srinivasp74@gmail.com. Thanks again for the reply.


        • Anil Gupta
          Anil Gupta 15 Dec, 17 at 10:27 pm

          Its not a good idea to share your email address in public comments.

          The sample POA is available in above article. You can copy paste it and use it.


  118. Akanksha Potdar
    Akanksha Potdar 1 Dec, 17 at 1:18 pm

    Hi Anil,

    Thanks for this detailed link. Very helpful!
    I have one question, I am giving POA to my relative in India. I don’t have person’s originals here. Does embassy accept photocopies of person’s passport/id card? Also do I have to get my identity documents appostilled before going to Indian embassy? Please let me know.
    Thanks,
    Ak


    • Anil Gupta
      Anil Gupta 1 Dec, 17 at 3:50 pm

      Hi Akanksha,
      You do not need the relative documents in Indian consulate. Please check the document list mentioned above. You only need to carry your own document proofs.
      No apostile is needed for any of your identity documents. Just the apostile for POA is needed. You would need to carry your original identity proofs to embassy. They will verify them there.


      • Akanksha Potdar
        Akanksha Potdar 1 Dec, 17 at 4:20 pm

        Okay.
        Also I haven’t purchased apartment yet. I am giving POA to purchase that apartment on behalf of me. In that case what will have to be apostiled ? I am confused just POA matter has to be apostiled ?


        • Anil Gupta
          Anil Gupta 1 Dec, 17 at 4:34 pm

          ‘Apostile’ is only required is some Indian embassies as these laws in USA are dictated by State governments.
          In case you are going to SFO Indian Embassy, they would require you to get it apostiled. Others do not ask for it.

          ‘Apostile’ is NOT a requirement in India. They do not ask for it.
          Please read the article above to get all the details. I have clarified all the doubts.


          • Akanksha Potdar
            Akanksha Potdar 2 Dec, 17 at 11:12 am

            okay.. thanks!
            Also one more question, 2 copies of POA are required- one for myself, one which Indian embassy keeps. Both needs to be apostilled? or Just one needs to be and other can be photocopy of that? Please let me know.


            • Anil Gupta
              Anil Gupta 2 Dec, 17 at 1:53 pm

              Embassy accepts the copy too.
              Its just that I made two identical original POAs.

              You can make original with Apostile and then make a xerox copy and take it to Embassy for keeping as their record.


              • Akanksha Potdar
                Akanksha Potdar 3 Dec, 17 at 11:58 am

                I see!Got it! Also one last question, Is it mandatory to stick photograph of the person whom I am giving power while in Indian embassy or it can be done in India as well? Reason being I don’t have it now and will have to order from India if it is mandatory


                • Anil Gupta
                  Anil Gupta 3 Dec, 17 at 8:37 pm

                  POA holder can stick his/her picture in India. It’s not required here in USA.


                  • Ganesh N
                    Ganesh N 8 Dec, 17 at 9:20 am

                    Hi Anil, this is very useful and thanks for all the info. So i believe POA holder’s signature also is not required while executing POA in embassy in US and POA holder can sign and stick photo once it is sent to India ?

                    Kindly let me know.


                    • Anil Gupta
                      Anil Gupta 8 Dec, 17 at 10:45 am

                      Yes, POA holder will sign and paste his/her photo in India. Not required in Indian Embassy.


  119. Somdeb Bhattacharjee
    Somdeb Bhattacharjee 29 Nov, 17 at 4:02 pm

    Hi Anil,
    Thanks for this very informative post. In my situation, my wife and I are both in Pittsburgh PA. She is going to give me POA for the sale of a flat owned jointly by us in Kolkata. I guess, we will have to follow the same process or is there something else that I may be missing.
    Thanks and appreciate your feedback.


    • Anil Gupta
      Anil Gupta 29 Nov, 17 at 6:18 pm

      Same process.


  120. Praty
    Praty 27 Nov, 17 at 12:33 pm

    Hi
    Thank you for the post. Banks like chase, PNC and even the UPS store are not notarizing with my witnesses signatures (in front of them) because I’m not signing it at that time- ( as mentioned in the article I have to sign the documents in the Embassy.

    How did get it notarized?


    • Anil Gupta
      Anil Gupta 27 Nov, 17 at 1:54 pm

      If notary is not agreeing to it, then you can sign while notarizing and sign once again in front of Indian consulate (in Indian Embassy).
      That’s not an issue.


  121. Indrajit Banerjee
    Indrajit Banerjee 26 Nov, 17 at 6:36 am

    My daughter (PIO), an US citizen, wants to execute POA in my favour (resident Indian) for her property in Gurgaon, Haryana, India.
    My question –
    Does the US passport holder, even if a PIO, require the POA attested by Indian Consulate in New York after getting the document apostilled at her place of residence?


    • Anil Gupta
      Anil Gupta 26 Nov, 17 at 9:22 am

      The process is same for US citizen as well, except that ‘Apostile’ is mandatory before going to Indian embassy for attestation.
      Technically and legally, a US citizen only needs to get the PoA apostiled from his/her state of secretary and that’s enough.

      But, to be very frank, In India, they may or may not accept only the apostiled document.
      USA and India have an agreement where an apostiled document is legally acceptable in courts and all government offices of India.

      But, The Indian consulate website itself mentions somewhere that it is advisable that you get documents attested as the Indian Registrar’s office (where you would need to register the PoA in your Indian state) may not know about the apostiled rule and hence may not entertain your request!

      So, I would also suggest you to get it attested before sending it to India, just to save time and extra hassles there. Otherwise, you don’t really need it.


  122. Vipan Sharma
    Vipan Sharma 25 Nov, 17 at 9:08 pm

    Hello Anil,
    Can a person from Indian origin who has renunciated Indian citizenship and has become a USA citizen apply for POA apostille/attestation at Indian Consulate in San Francisco without OCI card?
    Thanks in advance.


    • Anil Gupta
      Anil Gupta 26 Nov, 17 at 9:31 am

      Yes, you can get it attested without OCI. I have not heard of any such requirement from reliable sources.
      One of my relative (a US citizen) got the POA attested just by using his US passport at NY Indian embassy.


      • Vipan Sharma
        Vipan Sharma 28 Nov, 17 at 8:23 pm

        Thank you very much, Anil


        • Anil Gupta
          Anil Gupta 28 Nov, 17 at 10:25 pm

          You are welcome.


  123. b rao T
    b rao T 23 Nov, 17 at 5:50 am

    is f1 visa holders eligible for POA notarization to purchase flat in India? and h1 is still under processing


    • Anil Gupta
      Anil Gupta 23 Nov, 17 at 10:25 am

      Yes. Anyone who is currently in USA with a valid visa and status is eligible to POA attestation.
      You should have documents to prove your status.


  124. Adv Satish
    Adv Satish 21 Nov, 17 at 4:13 am

    Extremely helpful post. I am working for a NRI client who may need to send me the POA duly attested from Indian Consulate. Your article suffice almost everything. Appreciate your sincere efforts in sharing your experience here and reducing our load in getting through the process afresh. Thanks a ton! Anil


    • Anil Gupta
      Anil Gupta 21 Nov, 17 at 12:31 pm

      You are welcome.


  125. Suman Sarkar
    Suman Sarkar 15 Nov, 17 at 6:52 pm

    Hi Anil,

    You did an excellent work on documenting the entire process and hats off to you for your effort and promptness on responding to all the queries.

    I had followed the process you mentioned and got General POA in 2015. That POA was used successfully to do registration and getting possession of my flat in Kolkata. Now I would like to revoke the general POA and issue a special POA. I live in suburb of Chicago.

    My first question is, can I do the attestation of the special POA and also the general POA at the same time in my single visit to CGI, Chicago? OR I need to first attested the general POA (for revocation) one day and some other day for the special POA?

    Second question, you mentioned POA must be apostilled first in order to get attested at CGI, Chicago. I went through CGI Chicago site but they did not mention about that. CGI SFO did mention that strictly. Please see below link of CGI Chicago on POA attestation:
    http://indianconsulate.com/page/display/76/17

    Please let me know.


    • Anil Gupta
      Anil Gupta 16 Nov, 17 at 8:33 am

      I am glad that the article helped you.
      1. You can get as many POA attested in single visit to embassy as you want.
      2. Yes, you are right. I had heard from some people’s experience that Chicago also needs documents to be a-postiled. They may have changed the process now. You can call Chicago Embassy to double confirm though.

      Let me know if you need more information.


      • Suman Sarkar
        Suman Sarkar 16 Nov, 17 at 9:59 am

        Thanks Anil 🙂
        Today I called CGI Chicago twice, no one answered. Then I sent them an email to know about the Apostill, just now got reply there is no need of POA apostill. FYI.


        • Mike
          Mike 6 Feb, 18 at 11:05 am

          Hi Suman,
          So you did not need any apostile of the POA for Chicago embassy right ? I have to go to Chicago embassy only so asking.


          • Suman Sarkar
            Suman Sarkar 6 Feb, 18 at 11:28 am

            Hi Mike,

            I did not apostile POA document as it’s not required. I got the POA attested at Chicago CGI without apostilled in Dec’17.


  126. rajesh kumar
    rajesh kumar 8 Nov, 17 at 11:02 am

    Hi,
    Thanks for such an awesome article.
    I bought a property in india when I was an indian resident.

    Now I am an US resident and was looking to sell that property.
    Is there another way for a POA being sent from india, then i sign it and het it attested from consulate and send it back.

    Also Do I need to get my original property pages here in USA if I need to get the POA here in USA (as explained by you)

    Thanks again


    • Anil Gupta
      Anil Gupta 9 Nov, 17 at 5:21 pm

      Hi Rajesh,
      1. I do not know why would you want POA to be sent from India to you in USA? You just have to write it down on a piece of paper and print it. You can do it yourself in US itself.
      2. No original property papers needed.


      • rajesh kumar
        rajesh kumar 13 Nov, 17 at 6:08 pm

        Thanks so much Anil.
        If I do it here, do you know where i can get a POA sample?
        What documents will the indian consulate (at San Francisco) require from me?


        • Anil Gupta
          Anil Gupta 13 Nov, 17 at 8:49 pm

          Please go through the above article. It has the POA sample as well as the documents that you would need.


          • rajesh kumar
            rajesh kumar 1 Dec, 17 at 1:11 pm

            Thanks Anil. Do you know if I type this special POA and get it attested through consulate and send it to India, how many months will that POA be valid .


            • Anil Gupta
              Anil Gupta 1 Dec, 17 at 3:47 pm

              There is no time limit for the validity of the POA itself unless you revoke it explicitly by making another POA on top of it.
              If you send it to India, I strongly suggest to get it REGISTERED immediately in Indian registrar’s office.

              As per my information, Indian registrar offices have no written rule but they consider it valid for 30 to 180 days for the purpose of ‘registration’. The POA itself remains valid though.


              • rajesh kumar
                rajesh kumar 14 Dec, 17 at 11:20 am

                Thanks so much Anil.
                So just to recap.
                I have a house in delhi which I want to sell.
                For that
                I will create a general power of attorney on blank paper, get it notarized , apostille (as I am in CA) and attested through delhi consulate in SFO. (i dont need original property papers for that)
                then i will send it to Delhi and get it registered in indian registered office. then it will be valid for lot of years.

                Does this look correct?
                Thanks again for all the help


                • Anil Gupta
                  Anil Gupta 14 Dec, 17 at 4:07 pm

                  Couple of corrections:
                  1. Yo have to make ‘SPECIAL power of attorney’ specifically for the property you are trying to sell. General POA can be used for anything or everything.
                  2. Apostile and then get it attested by Indian consulate in SFO, NOT Delhi consulate 🙂
                  3. Register it in Delhi’s registrar office.


                  • rajesh kumar
                    rajesh kumar 19 Dec, 17 at 10:40 am

                    Thanks so much Anil.
                    Do you know what documents I need to send to indian consulate in SFO?

                    Also I cannot seem to find a format for this special power of attorney for house sale. Do you know where I can get one?

                    Thanks soo much again


                    • Anil Gupta
                      Anil Gupta 19 Dec, 17 at 11:05 am

                      There is no standard format for any POA. You can write whatever you feel like.
                      I have given one sample above. You can re-use it. Just add the points (or powers) that you want to share with your POA holder.

                      All the documents that need to be sent to consulate are mentioned in above article.


  127. Arjun Ravikumar
    Arjun Ravikumar 2 Nov, 17 at 2:44 pm

    Hello,

    1. The POA section of CGI Houston’s website (http://www.cgihouston.org/page/display/39/19) does not ask for witnesses or for notarization. Do I still need them?
    2. The website asks the executant to sign every page of the POA. Do I need to do that even if I’m presenting myself at the embassy?
    3. The F-1 VISA stamp on my passport has expired, but I have a valid I-20 and such. Will that be an issue?


    • Anil Gupta
      Anil Gupta 2 Nov, 17 at 3:18 pm

      1. There is a possibility that Houston Embassy does not need witness signatures. You can follow what they have written.
      2. Yes, you need to sign each page.
      3. You should have a valid status that you can prove in USA.


  128. Dinesh Kumar
    Dinesh Kumar 15 Oct, 17 at 8:04 pm

    Hi Anil,
    Do we need to paste 2 witness photo? or witness signature is enough?


    • Anil Gupta
      Anil Gupta 16 Oct, 17 at 6:34 am

      Witness photo is not required.


  129. Rajesh R
    Rajesh R 3 Oct, 17 at 6:16 pm

    Hi Anil,
    I have a 3 page POA document and notary signed and stamped the last page alone which has witness signature. Is that fine or should the other 2 pages need to have notary stamp too?


    • Anil Gupta
      Anil Gupta 4 Oct, 17 at 7:40 am

      That’s fine. Notary only need to witness the witness signature. The purpose of notary is restricted to verify the signature.


  130. VIJAY DIXIT
    VIJAY DIXIT 25 Sep, 17 at 5:59 am

    Hey, thanks . This is great article. Question is I heard Indian embassy need to send POA to india . Is that true ? I don’t know much in this . Is Indian embassy only do attests of document and register the POA.?no sending not document to india.


    • Anil Gupta
      Anil Gupta 25 Sep, 17 at 3:09 pm

      No, Indian Embassy will NOT send POA to India. They only do the attestation. No registration is done by Embassy.
      You have to send the attested POA to India and get it registered yourself in local registrar’s office.


  131. Hitesh
    Hitesh 20 Sep, 17 at 11:47 am

    Hello Anil: Appreciate your help in helping the public on this process. I will be getting a General POA and send to Indian Consulate, Chicago for attestation. My confusion is about copies of the POA that the consulate needs to keep for their records. Below are steps I am following
    1) Write POA and have 2 witness and 2 executants sign in front of a Public notary
    2) Send this original POA (with 2 affixed Executant photo) to Consulate along with supporting docs . I understand that I also have to send 1 or 2 copies of the above POA for Consulate records?.
    The question is if these copies will simply be a copy (with copy of the photos as well- correct ?) and photocopy of notarized signatures OR.
    The copies also need to have real 2×2 photographs with real executant and notary signatures. In other words send 2 sets of original and ask for only one attestation at consulate OR
    Once the original POA is notarized simply make an entire photocopy with additional Notary signatures?

    Thanks


    • Anil Gupta
      Anil Gupta 21 Sep, 17 at 8:04 am

      In my case, I used the real pictures and real public notary for the copy, that embassy needs to keep too. There is no clear guidance on this from embassy, so it is better to make two separate originals and one will be returned to you and one can be kept by Embassy.


  132. Prakash Prusty
    Prakash Prusty 28 Aug, 17 at 12:16 pm

    Hi @SoanT:disqus

    Can my wife be one withness among two witness required for POA.

    Thanks,
    Prakash Prusty


    • Anil Gupta
      Anil Gupta 29 Aug, 17 at 6:28 am

      Legally, she can be a witness. But, it is always better to have someone who is not a close relative.


  133. sharad chandra
    sharad chandra 16 Aug, 17 at 8:52 am

    Hi @SoanT:disqus

    for the necessary documents needed for POA attestation at the embassy, point 4 it is mentioned as: “4. Original visa petition approval notice.”

    Does this mean i have to send my original I797A document or would a copy of the same work ? OR do we mean any other document by “Original Visa Petition Approval Notice”

    Kindly Assist. Thanking you in advance.


    • Anil Gupta
      Anil Gupta 16 Aug, 17 at 9:34 am

      Hi Sharad,
      The original documents are required to be carried ONLY if you are visiting embassy in-person. The point 4 that you have referred talks about documents for in-person visit.

      If you are sending documents by mail, ONLY passport has to be sent in ORIGINAL. All other supporting document’s copies should be NOTARIZED and sent.


      • sharad chandra
        sharad chandra 16 Aug, 17 at 6:25 pm

        Makes sense! As always, thank you so much. I am in the process of buying an asset in India and will share my experiences for help of others in this thread. The details that you have provided in this posting is definitely turning out to be highly beneficial!


        • Anil Gupta
          Anil Gupta 17 Aug, 17 at 8:16 am

          All the best for your asset buying and you are welcome.


  134. sharad Kulkarni
    sharad Kulkarni 5 Aug, 17 at 10:51 pm

    Dear Anil
    Awaiting response to my queries. Thank you


    • Anil Gupta
      Anil Gupta 6 Aug, 17 at 8:59 pm

      Sorry for a delayed response. I have answered your query.
      Let me know if you need more information.


  135. Sharad Kulkarni
    Sharad Kulkarni 5 Aug, 17 at 3:18 am

    My understanding is that OCI are treated at par with NRI including procedure for issue of POA attested of by Indian Consular office in US. There are no restrictions for buying residential properties in cities of India


    • Anil Gupta
      Anil Gupta 6 Aug, 17 at 8:58 pm

      Yes, you are right.


  136. Sharad Kulkarni
    Sharad Kulkarni 5 Aug, 17 at 3:16 am

    My question is : For OCI or PIO who are US citizens ( Former India Citizens), can they follow the same procedure
    as outlined or are there any special requirements. My son and daughter in law who were Indian Citizens are now US citizens and live in Wisconsin state, and have a bought a property in There for which they have to give me the POA as Father/father in law to execute the agreement and complete stamp duty proceeding in India
    . Your advise would be most appreciated.
    Regards
    Sharad Kulkarni


    • Anil Gupta
      Anil Gupta 6 Aug, 17 at 8:58 pm

      Sorry for a delayed response.
      Yes, they can follow the same process.


  137. Sharad Chandra
    Sharad Chandra 18 Jul, 17 at 9:40 pm

    hi @SoanT:disqus

    I have a few questions please:

    a) do i have to send a separate check of any value to Indian embassy of NY for them to send me the attested documents ? I saw that CGihouston mentioned about $20 cashiers check in order to send back the documents. Kindly confirm if you have any info on this front ?
    b)what is a miscellaneous form that is being talked about in this forum and who needs to fill that up ? sorry if i missed any trail discussion or info on this issue.
    c) sort of confused if i have to send my original passport in mail, if i decide to get the attestation via mail form the NY embassy. please clarify.
    d)would you know if the checks of $20 & $3 have to be separate ? i guess i read that one of the embassy was requiring to send the checks separately. Would you have any information pertaining to this question ?
    e) Is it just the POA that needs to be APOSTIL-D by state’s secretary’s office or all other supporting documents must also be APOSTIL-D ? do any other supporting documents need to be notarized or is it just the POA ?

    I am currently in the state of OH and NY is the embassy i would either mail the documents or visit in person. I have not decided yet. I also learn from your post that i must APOSTILE the documents from my states secretary’s office before i send them over to the embassy in NYC.

    thanking you in advance. Kindly oblige me by your response.


    • Sharad Chandra
      Sharad Chandra 18 Jul, 17 at 9:57 pm

      Hi @SoanT:disqus

      I went through the post and i got answer to (e) whether any other documents need to be notarized to which you answered that it is only the POA that needs to be notarized. Still looking for answers to other questions.

      Additionally:
      (f) at one of the places you have said that it is better to get all pages of POA notarized. So should the two witnesses sign on each of the POA pages ? If yes, any specific format or place that should be given for the signature or notarization OR can it be any where on the other pages like top or bottom ? should we have addresses of each witness on each page with their signatures ?

      Sorry for so many questions Anil , but trust me i am going through each and every comment to help myself. May be these queries of mine help another individual who might sailing in the same boat as mine!

      Awaiting your response


      • sharad chandra
        sharad chandra 19 Jul, 17 at 7:16 am

        hi @SoanT:disqus

        Kindly oblige me by your response. thanks


        • Anil Gupta
          Anil Gupta 19 Jul, 17 at 9:48 am

          Looks like you have too many questions in one post. If you read the article and follow, it clarifies everything in detail.
          1. First and most important, if you are applying by mail, you need to notarize ALL documents.
          2. Yes, you need to send original passport in mail.
          3. The total fees of $20+$3 can be paid in one cashier’s check (you should call and confirm NY embassy for this). I don’t have information for it.
          4. Miscellaneous services form is available on NY Indian Embassy website. It has to be filled in by you. This is just an application form requesting Embassy to attest your POA.
          5. Only PoA needs apostile.
          6. It is advisable to get all pages notarized and apostiled. Embassy does not provide any guidance on it. It is your choice if you want just one page or all pages to be attested. They will ask you for it.
          I personally advice to get all pages notarized, apostiled and attested. This helps in protecting POA from any forgery later.


  138. Abhinav
    Abhinav 1 Jun, 17 at 6:29 pm

    Is it necessary that the witness signatures on Copy of POA is notarized? NY Consulate does not list that 2 set of PoAs are to be carried, instead it says Original POA along with photocopy..


    • Anil Gupta
      Anil Gupta 2 Jun, 17 at 6:20 am

      You can take a photocopy. As per my experience, two original copies are required and i went to NY consulate itself.


  139. Nilesh Nemade
    Nilesh Nemade 27 May, 17 at 8:20 pm

    Hi All,
    I have 3 page POA ,
    1)Does each page of Power of attorney has to be Apostile ot notarised? or is it only witness signatures needs be notarised & Apostile?
    2)IS it compulsary to have two witness sined,asking because fomrat given to me by lawyer dont have any witness signature requred?
    3)if witness signature is compulasary then it should be after executant & attorney holder signature or is it ok if it is beofre that?

    thanks for your help


    • Anil Gupta
      Anil Gupta 29 May, 17 at 8:30 am

      1. It is better to get all pages notarized/apostiled. Although, there is no such written govt. regulation. It would basically safeguard your interests in case somebody tries to change the pages with no signatures in future.
      2. Yes, Indian embassy needs two (2) witness signatures.
      3. Witness signatures should be the first thing in the process. The Executant will sign in front of consulate inside Indian Embassy.


      • Nilesh Nemade
        Nilesh Nemade 30 May, 17 at 8:39 pm

        Thank you Anil.
        I have one more question.,I notarised witness signature but do i need to notarise my own signature by signing at somewhere diffrent location on page(I understand executant signature will be infront of consulate in the area provided)but my question is like near the bottom of page is it necessary for apostile purpose?


        • Anil Gupta
          Anil Gupta 31 May, 17 at 5:59 pm

          You are confusing yourself.
          Witness signatures are notarized because, they can’t travel with you in-person to embassy or state secretary office (for apsotile).
          You are off-course going to be present and will sign in-person.


      • Nag J
        Nag J 30 Oct, 17 at 9:20 am

        Hi Anil,

        This is Neha, I had to sent POA to Indian bank to get the House loan from Indian bank. I live in Pittsburgh, PA. Do I need to go to Indian Embassy or I can go to local AAA with two witness to get it notarized. Please reply to this email “nag.net1120@gmail.com”

        Thank in Advance,
        Neha.


        • Anil Gupta
          Anil Gupta 31 Oct, 17 at 5:52 pm

          Sorry Neha, I do not reply directly on any emails.
          Regarding your question, the AAA will only notarize the POA (which may or may not be acceptable by your Indian Bank). You have to ask Indian bank if they are okay with just the notary attestation.
          If not, then you have to visit Indian Embassy and get it attested there.


  140. Krati Chouhan
    Krati Chouhan 22 May, 17 at 2:28 am

    Hey,
    I have a question with regards to POA executed outside India. So if there is a POA which is executed outside India and is notarized under the laws of a foreign country, not registered in India. In this case, can the Indian Courts have a jurisdiction over the said POA for revocation of the POA?


    • Anil Gupta
      Anil Gupta 22 May, 17 at 9:14 am

      Any un-registered document in India is VALID in Indian courts ONLY if the foreign country has an agreement with India. In case of USA, they do have an agreement with India with respect to APOSTILED (not notary) documents.
      But, it is always recommended to get the POA attested (again not natary) by Indian embassy before sending it to India.
      The notary in foreign country (like USA) ONLY verifies the signature of the person and NOT the document itself. So, it is anyway has no value even in USA unless it has been attested by Indian Embassy and then registered in India.

      Registration in India is very important for making the POA admissible in Indian court.


      • Krati Chouhan
        Krati Chouhan 22 May, 17 at 10:19 pm

        That pretty much answers my question. But in my case, the POA(general POA) in question is executed ouside India, the person executing the POA is in jail at the moment and he wants to revoke the POA in India. What can be the procedure to revoke the POA which is executed outside India and not registered in India? I’ll be grateful if you could answer my query.

        Thanks.


        • Anil Gupta
          Anil Gupta 23 May, 17 at 7:25 am

          The POA (if it is only notarized outside India) does not hold any value in Indian court as such. If he wants to revoke it, he can just create another one on a piece of paper and sign it.
          Unless, this POA was attested in Indian embassy abroad, this POA has no face value.


  141. Renju Mathews
    Renju Mathews 21 May, 17 at 9:04 pm

    Anil,
    I just want to say thank you so much for coming up with this detailed guide. It is so accurate (at least for NY embassy). My attestation at the NYC embassy this week was a cakewalk thanks to you – everything from getting witness signatures notarized to the process at the embassy.

    Couple of updates/pointers –
    1) The embassy staff mentioned that they will return the documents approx 1 hour after the docs are submitted, or we can collect them anytime before 1pm. Also, we are allowed to wait inside the embassy after submitting the docs.
    I waited there for a little over an hour and collected the docs.

    2) Bank Of America refused to notarize my PoA, saying that it is not a financial document and stuff. TD Bank said the same thing too. I was going to try the town hall, but I heard that UPS (not USPS) has notary services in most of its stores. Its $5/document and they didn’t bother what document it was. They validated the ID of the witnesses and happily notarized the PoA.

    Once again thank you for all your efforts. It is really a big help to first-timers like me.

    Regards,
    Renju Mathews


    • Anil Gupta
      Anil Gupta 22 May, 17 at 9:10 am

      Thanks Renju for sharing your experience. I am sure it is going to help lot of people.


  142. Abishek Avasarala
    Abishek Avasarala 11 May, 17 at 5:28 am

    Hi Anil ,
    Thanks for sharing the details.This is a great start up for some one like me.
    I am currently working on selling a property in india and need some registration documents notarized.
    I live in North Carolina and Indian embassy assigned to my state is “Washington” which is 7 hours away.
    There is an indian embassy in Atlanta which is 3 hrs distance from my place.
    Is it mandatory that I have to go to only the embassy at Washington or can i get the Indian embassy notary at any location?
    Can you please suggest?


    • Anil Gupta
      Anil Gupta 12 May, 17 at 7:13 am

      No, you cant choose embassy based on your choice. You have to go the embassy that’s assigned to your state address.


  143. janani srinivasan
    janani srinivasan 9 May, 17 at 3:18 pm

    Hi Anil,

    I have a land in India and it is being acquired by the government for construction of Highways. i want my father to represent me in all the proceedings and get the compensation . i live in texas and im planning to send the documents to the Houston Consulate. my queries are
    1) What kind of POA do i need to send – General or Special
    2) What are the docuements i need to send to the Consulate
    30 do i need to do an Apostile and an Embossing- both? Please help me with this.


    • Anil Gupta
      Anil Gupta 10 May, 17 at 8:25 am

      1. It should be a special POA. The property address should be cleared mentioned.
      2. Documents required are mentioned above and here on Houston Embassy website:
      http://www.cgihouston.org/page/display/67/19
      3. No Apostile is required as per my information for Houston. Embossing is not mandatory either. It is just an extra level of security to make your POA tamper proof.


      • janani srinivasan
        janani srinivasan 10 May, 17 at 2:14 pm

        thanks Anil ,

        is there any specific reason for a special power of attorney? can i not give a General
        power of attorney? Will it be rejected on any grounds?


        • Anil Gupta
          Anil Gupta 10 May, 17 at 7:42 pm

          For property matters, the registrar will ask for SPA.


  144. Pradip
    Pradip 9 May, 17 at 9:47 am

    Hi Anil, can you give any information about Perks/Other income / Exemptions/ Rebates and my company offers me 2.84 lakh per year but i got 19921/- after deduction of 1620/- in witch 1420 and 200 are for pf and professional tax…..


    • Anil Gupta
      Anil Gupta 9 May, 17 at 9:58 am

      Hi Pradip,
      This article is for Power of attorney attestation and not for salary.
      I am answering here but would not reply in future on this article.

      It is not possible to find the exact income tax deduction unless you have the break-up for 2.84 lakhs like Basic, HRA and other components.


  145. tube mania
    tube mania 8 May, 17 at 4:45 pm

    hi Anil,

    thanks for posting this. This is a great starting guide.
    What i found out going through this process myself is some procedures are different based on where u live. For anyone doing this in CA state, i would like to add my experience which differs from the above:
    1. I had my witnesses sign my 2 page POA, but the notary didn’t sign anywhere on my 2 page document. He attached 2 additional sheets of paper (which is the norm in CA). One is for me to sign and he notarized that and the other is where the 2 witnesses sign and he notarized their signatures. Some sites mention to sign using blue pen. I had all my signatures in black and i had no issues.
    2. I then stapled this 4 page document and took to Sacramento to get the doc apostilled. Since the state only verifies the notary signature, they didn’t certify anywhere on my original document. They added their own 2 pages in such a way that their seal covers part of their page and the part of the notary page. So in all now my POA document has 6 pages. ($20 per notary sign that they are apostilling: which came to a total of $40). Again after this apostille process, there is no signature or stamp anywhere on the original 2 page document i created.
    3. I then went to the consulate with the following:

    — original passport
    — copy of DL
    — copy of 1st 5 pages and last 2 pages of the passport

    — 1 copy (color copy not needed) of this 6 page bundle
    The consulate also stamps the notary’s signature whihc they charge $20 for. They charge an additional $10 for attesting your photo. I did this so that my original 2 page document would have some kind of stamping on it.

    Hope this helps


    • Anil Gupta
      Anil Gupta 9 May, 17 at 8:05 am

      Thanks a lot for sharing your experience. I am sure its going to help lot of people.


    • Jaspal Singh Saluja
      Jaspal Singh Saluja 18 May, 17 at 11:59 pm

      I have to give Power of Attorney to my brother for a Property Purchase back in India
      I live in Bay area, CA and would deal with SFO Consulate

      Just spoke to my lawyer back in India and he advised
      1. Do not get notary, as it is no longer being accepted
      2. Did not have knowledge of apostile and advised against getting it done

      Looking for confirmation on whether i can skip notary + apostile, and get attestation directly at SFO Consulate


      • Anil Gupta
        Anil Gupta 19 May, 17 at 7:47 am

        Hi Jaspal,
        Your lawyer probably has no knowledge about notary either.
        The notary here ONLY verifies the witness signatures on POA. He does not verify the contents of POA. And that Notary is for Indian Embassy’s verification, not for Indian parties.

        So, Notary is mandatory if you are NOT taking witnesses to Indian Embassy with you. If you can get 2 witnesses to travel in person to embassy with you, you can certainly skip notary.

        Apostile is mandatory in case of SFO consulate, at-least that’s what I have heard from reliable sources.


  146. Rahul Chhajed
    Rahul Chhajed 8 May, 17 at 1:53 pm

    Hi Anil,
    Thanks a lot for this article. Is signature of two witnesses is absolutely necessary for notarization? I am new in the town and it is really difficult to find someone who would sign on POA as witness.


    • Anil Gupta
      Anil Gupta 8 May, 17 at 2:01 pm

      Yes, 2 witness signatures are mandatory. This is Indian embassy rule.


  147. Magudapathi Swaminathan
    Magudapathi Swaminathan 2 May, 17 at 12:54 pm

    Hi Anil, Thanks for the very useful article. My parents who are visiting USA – California need to create a POA. I already know they do not have a proof of address. Any option available for them to create POA?


    • Anil Gupta
      Anil Gupta 3 May, 17 at 10:42 am

      I am afraid they can’t create POA in USA. You can call embassy to check though.


  148. Sam
    Sam 28 Apr, 17 at 12:26 pm

    Thank you very much for your input!!
    Quick question: If there are two properties that I want my father to register on my behalf, will he need two separate POAs with property address listed on each or can I give him one POA with no property address listed on it just the authorization to register any property on my behalf? Thanks!


    • Anil Gupta
      Anil Gupta 29 Apr, 17 at 10:12 am

      In case of property registration, it is advisable to create a special POA separately for each property. There is no such hard and fast rule written anywhere but you will not face any un-necessary issues at government offices in India, if you make separate POA for each property with their exact addresses mentioned in it.


  149. D Chakrabarty
    D Chakrabarty 27 Apr, 17 at 3:34 pm

    Hello,
    Firstly thanks for the very useful article. I am also trying to get a PoA form attested in NY. My lawyer in India has sent me a 5 page document. My question is: will the NY consulate attest all the pages? And if so, will they charge $5 * 20 = $100?

    I know that the document you have is a single page, but I wonder if you know the answer to my question.

    Thanks!


    • Anil Gupta
      Anil Gupta 28 Apr, 17 at 6:37 am

      As per my experience shared here,
      http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#fee-per-attestation

      NY embassy charges fees $23 per POA (irrespective of number of pages or number of signatures). But, other people have reported that in other Embassy’s (other than NY), they were charges fees per signature i.e. if you sign on each page separately, you may have to pay for each signature.

      I would advise you to take cash equivalent to 5 page cost. They will tell you how much is needed.
      I have also attached my own receipt above which shows that i was only charged for 1 ($23) even though i had 2 signatures to be attested.

      The cashier had told me that they charge per POA (irrespective of number of pages) and irrespective of number of signatures.


      • D. Chakrabarty
        D. Chakrabarty 30 Apr, 17 at 3:43 pm

        Thanks! I will be going to the NYC consulate and report back.


        • Anil Gupta
          Anil Gupta 1 May, 17 at 6:32 am

          Sure.


  150. Sumeet Kamat
    Sumeet Kamat 25 Apr, 17 at 12:31 pm

    hi anil – once again thanks for posting the detailed process. One more question and it may not be directly related to your post / topic. Do we have to submit original POA to bank for HL? I have submitted bank their own POA but still they are asking me to submit general POA which I created for property registration. thanks,


    • Anil Gupta
      Anil Gupta 25 Apr, 17 at 2:36 pm

      You are only required to submit a copy of POA. NO original should ever be given to any bank/registrar. Originals are meant to be kept with the POA holder.
      Does that answer your question?


      • Sumeet Kamat
        Sumeet Kamat 25 Apr, 17 at 6:12 pm

        thanks anil. Thats my understanding too since i’ve already submitted copy of general POA + banks own POA however bank agent says they will not disburse check unless original POA is submitted. Also they never mentioned about submitting original POA before…its now that they are demanding.


        • Anil Gupta
          Anil Gupta 27 Apr, 17 at 8:21 am

          That sounds really weird. What would the POA holder do if they submit the original POA? They will have nothing to use it.
          Sounds crazy. Nobody submits the original POA even in government’s registration office. Its only the copy that’s submitted. I think they do not know the process or are trying to be extra smart.


          • Sumeet Kamat
            Sumeet Kamat 27 Apr, 17 at 3:25 pm

            yep. I raised this issue with their supervisors, waiting for the response.


  151. Marvin Xavier
    Marvin Xavier 6 Apr, 17 at 9:21 pm

    Hi Anil

    I’m a F1 student (executant) here in USA. Can the witness be the F1 student also?
    Witness cannot come to Embassy. I can get their signature notarized. but I should sign in front of Embassy right? instead of the notary office.


    • Anil Gupta
      Anil Gupta 7 Apr, 17 at 10:13 am

      1. The visa status does not matter for the witness. They should just have a valid US ID with address like a driving license.
      2. Yes, if witness cannot travel to embassy, you should get his signature notarized. You should sign in front of Indian consulate in Embassy.


  152. Vijay Sai Krishna Chadalavada
    Vijay Sai Krishna Chadalavada 3 Apr, 17 at 4:32 pm

    Hi Anil,

    Is my (the executant) photo really required on the POA? Will that be ok if I affix any photo?


    • Anil Gupta
      Anil Gupta 6 Apr, 17 at 5:51 pm

      What exactly do you mean by any photo? It is required to have your OWN photo if you are the executant.


  153. Sumeet Kamat
    Sumeet Kamat 31 Mar, 17 at 8:57 am

    Hi Anil – I have done POA attestation from Indian embassy and sent to India. My agent advised me that POA cannot be registered since I am not physically present and it can be only notarized. Please advise if you were able to do register POA? can you share the sample copy (i dont see it in your other link)?


    • Anil Gupta
      Anil Gupta 31 Mar, 17 at 9:19 am

      Here is the complete process to register POA when you are not physically present in India:
      http://www.am22tech.com/registered-power-of-attorney-in-india/#register-attested-poa-nri


      • Sumeet Kamat
        Sumeet Kamat 31 Mar, 17 at 9:32 am

        thanks Anil. Sorry if I was not able to articulate my question.

        I have gone through the above link. Please advise if POA attested by Indian Embassy can be registered in India? My agent advised that it cannot be registered since I am not physically present in front of the Registrar. Hence he suggested to go with notarized document.

        I see that you were able to register POA. If possible can you share final copy of the registered POA document?


        • Anil Gupta
          Anil Gupta 31 Mar, 17 at 11:41 am

          It is not possible to share the final copy. We have registered and it is perfectly legal. If your agent is saying that it is not possible, then he does not know about it all.


          • Sumeet Kamat
            Sumeet Kamat 31 Mar, 17 at 4:00 pm

            alright thanks


  154. bharath kumar reddy
    bharath kumar reddy 30 Mar, 17 at 9:05 am

    hi ,
    did we need to have witness from same address or different address is fine?


    • Anil Gupta
      Anil Gupta 30 Mar, 17 at 3:57 pm

      It does not matter.


      • Bharath Reddy
        Bharath Reddy 30 Mar, 17 at 8:47 pm

        Thanku so much


  155. Vijay Sai Krishna Chadalavada
    Vijay Sai Krishna Chadalavada 16 Mar, 17 at 9:47 am

    Hi Anil,

    My POA has 4 pages worth of clauses as points. Is it recommended to print on both sides of the paper or print on 4 different pages (back side will be blank). I am not aware of the consequences that may occur if the side of a page is blank.


    • Anil Gupta
      Anil Gupta 16 Mar, 17 at 11:07 am

      I think printing on one side is a better option.


  156. Manas
    Manas 13 Mar, 17 at 3:36 pm

    Hi Anil,

    Thanks for such detailed explanation of the process. I followed the same got two set of PoA’s and went to Chase bank for getting the witness signature notarized. I told the notary that only the witness signature needs to be notarized, the executant will sign at the embassy in front of the officer. But the notary said that it will notarize only if the executant signs along with the witness.

    Taking the witness to the embassy is little difficult since it’s office hours for them as well. Could you please let me know the process of just getting the witness signature notarized.

    Thanks,
    Manas


    • Anil Gupta
      Anil Gupta 13 Mar, 17 at 9:22 pm

      Hi Manas,
      It is okay if the executant also signs in front of notary. Some notary’s are adamant and do not fully understand the Indian style of process.

      Then, you can sign once again in front of consulate in Indian embassy.

      This means that you and witnesses sign in front of Notary. Then, only you visit Indian embassy and sign once again there.


  157. Vijay Sai Krishna Chadalavada
    Vijay Sai Krishna Chadalavada 7 Mar, 17 at 12:03 pm

    Hi Anil,

    Since I am the only executant, I will affix my photograph (2×2) as per your suggestion. Do I need to affix the photograph of the substitute (to whom I am giving the POA) as well in the composed document?


    • Anil Gupta
      Anil Gupta 8 Mar, 17 at 1:52 am

      No. PoA holder’s picture is not required.


  158. vipin
    vipin 13 Jan, 17 at 1:25 pm

    Hi Anil,

    Thanks for the details. If I am mailing the POA to embassy should I need to send the Original passport or photocopies is enough?. Can u confirm is Apostille required if we are mailing the POA As per embassy site it’s required only for US nationals.
    In the case of US nationals, their signatures should be first attested by the Authentication Division in the State Department before submission for attestation at the Consulate. Other foreign nationals should get their signatures on the document attested first by their respective Embassy/Consulate.


    • Anil Gupta
      Anil Gupta 13 Jan, 17 at 3:48 pm

      Hi Vipin,
      The apostile is required only by some specific Indian Embassy like SFO regardless of your US citizenship status.
      The instructions for sending original passport should also be followed as per specific embassy.

      Which Embassy are you sending your docs to?


      • vipin
        vipin 13 Jan, 17 at 3:53 pm

        Hi Anil I am sending to indian embassy houston


        • Anil Gupta
          Anil Gupta 15 Jan, 17 at 11:57 am

          Hi Vipin,
          Yes, original passport is required to be sent.
          Read more here on Houston Embassy:
          http://www.cgihouston.org/page/display/67/19


          • vipin
            vipin 20 Jan, 17 at 3:55 pm

            Thanks Anil. I am planning to mail the POA. Below are details. Please correct if I am wrong with any of the details below

            1) Original passport ( both me and my wife)

            2) POA ( Original & 2 copies) notarized

            3) Misc form

            4) Visa copies & I94 copies

            5) Address proof

            6) separate Cashier cheque for 20$ ,3 $ and another 20$ for return mail


            • vipin
              vipin 1 Feb, 17 at 5:20 pm

              Hi Anil,

              I am planning to mail the POA. Below are details. Please correct if I am wrong with any of the details below

              1) Original passport ( both me and my wife)

              2) POA ( Original & 2 copies) notarized

              3) Misc form

              4) Visa copies & I94 copies

              5) Address proof

              6) separate Cashier cheque for 20$ ,3 $ and another 20$ for return mail


              • Anil Gupta
                Anil Gupta 2 Feb, 17 at 8:15 am

                It looks good to me.


                • Vijay Sai Krishna Chadalavada
                  Vijay Sai Krishna Chadalavada 3 Apr, 17 at 4:30 pm

                  Hi Anil,

                  Do I need to take separate money orders for $20 (actual fee) and $3 (welfare fund). I am about to take one money order worth $23.


                  • Anil Gupta
                    Anil Gupta 6 Apr, 17 at 5:54 pm

                    I think one money order is fine but you may want to confirm with Indian Embassy. I paid cash on the counter. So, it did not matter for me.


  159. Digvijay
    Digvijay 4 Jan, 17 at 2:24 pm

    Hi Anil,

    I was going through below posts and looks you are answering them very well. So I also have a similar doubt around PoA.
    I am residing in NC, USA and planning to mail PoA and all the required notarized document to Indian Embassy for PoA registration.

    1. I am solely owning a flat it in India, Maharashtra and want to rent it now. But I need to sign a PoA for my father so that he could manage the rental agreement process and all other formalities.
    2. I am planning to purchase a land plot in India and want to authorize my father for related transactions through PoA.

    So, could you please help me with below points;
    1. Do you have any PoA format comprising above TWO requirements? If yes, could you please share?
    2. For sending PoA document through mail, I read that “Current passport in original and photocopy of the first five pages and last two pages of the current passport.” is required to be sent. So can you please confirm do we really need to send Original Indian Passport along with other documents or notarized photo copy of passport would do?


    • Anil Gupta
      Anil Gupta 5 Jan, 17 at 12:15 pm

      1. You have to create two separate PoA. One for rental property and other for land deal. It has to be very specific with respect to the property. i.e. property address has to be clearly mentioned. You can send a generic PoA for multiple property/land management.

      You can use the format as shown above for each property.
      2. As per my information, you need to send original passport, if you are using mail.


      • DIgvijay
        DIgvijay 6 Jan, 17 at 11:54 am

        Hi Anil,

        Thanks for the quick reply. Still I have some confusion;

        1. Instead of making TWO PoA for above requirements, can I add TWO separate and specific clauses for these TWO requirements and process it in ONE PoA, for registration purpose?
        2. Can you please explain about POA Apostile-d, how and where to get it?


        • Anil Gupta
          Anil Gupta 9 Jan, 17 at 10:49 am

          1. I don’t think single PoA with 2 addresses will work. It has to be a specific PoA for each property. There is no written rule anywhere. So, as per my understanding, it is better to create 2 separate PoA.
          2. PoA apostile has to be done by US State secretary office. You can find this in your specific residence state.


          • DIgvijay
            DIgvijay 18 Jan, 17 at 1:39 pm

            Hello Anil,

            I will be sending PoA documents for registration to Washington DC, Embassy of India. On their website, I didn’t notice anything mentioned for POA Apostile-d. Do you know anything about that?


            • Anil Gupta
              Anil Gupta 18 Jan, 17 at 2:05 pm

              Then, please send it without apostile.


  160. cec
    cec 18 Dec, 16 at 4:00 am

    Hi Anil, I am holding US passport and have OCI card..i need to do POA for my dad in India..how do I go about it..pls advise


    • Anil Gupta
      Anil Gupta 19 Dec, 16 at 1:45 pm

      You have to follow the same process as mentioned above. Just an extra step for you will be to get the POA apostiled before going to Indian Embassy.


  161. Chand
    Chand 24 Nov, 16 at 5:57 pm

    Hi Anil,

    Thanks a lot for posting such a useful article in detail.

    I live in Oregon state (Indian national with H1B Visa), planning to get POA attested from “SFO/CA” Indian Consulate by “Mail” and I have below two doubts, please help me in clarifying them.

    1) Create two original POA copies – As per SFO/CA consulate’s website/document checklist says send “Photocopy of document to be attested/authenticated” along with “Apostilled Original document to be attested/authenticated”.

    So in this case, just I need to create only one original POA, get POA Apostiled and take photocopy of original “Apostiled POA” for consulate record?

    SFO/CA Indian Consulate website – http://www.cgisf.org/page/display/118/236

    2) Does Attorney’s signature, photo required in POA copy (apart from Witnesses signature, executant signature & photo)? If Yes, then do I need keep any dedicated space for the Attorney’s signature and photo in POA copy?

    Thanks in advance!

    Regards,
    Chand


    • Anil Gupta
      Anil Gupta 25 Nov, 16 at 10:00 am

      1. Yes, you are correct with respect to photocopy and apostiled.
      2. Yes, it is always better to have both the copies same.


  162. Krish
    Krish 17 Oct, 16 at 2:52 pm

    Hi Anil – This is a great article. Thanks for sharing the info. I checked Houston consulate which is my nearest and found this page – http://www.cgihouston.org/page/display/67/19.

    It says “If the applicant presents himself/herself in person at the Consulate, the Original and a photocopy of the Power of Attorney must be submitted. It is reiterated that no notarization is necessary in such cases. The applicant can self attest.”

    There is no mention of witness signatures in the page. Please correct me, if i am missing anything here.


    • Anil Gupta
      Anil Gupta 25 Nov, 16 at 9:58 am

      Looks like i missed your comment somehow.
      If you are still looking for an answer, then i would say that please do get witness signatures.

      It may have not been explicitly written, but as per my information, it would be required.


  163. shamu
    shamu 17 Oct, 16 at 12:57 pm

    Hi Anil,
    Thanks for sharing this info..
    I have few doubts in change of address details
    Notarize – change of Indian address meaning,
    Do I need to produce the Indian address notarized , but since we dont stay there how can I sign the notarized form is my question.


    • Anil Gupta
      Anil Gupta 17 Oct, 16 at 3:44 pm

      That’s what it is. If you don’t live there and still able to procure the document, then you can get it notarize. Some people have their own empty home or may be parental home back in India.

      If you do not have any address in Indian now, then just send US address proof and they will print it on your passport ( the US address).


  164. Jay
    Jay 16 Oct, 16 at 1:33 pm

    Hi ,
    I am NRI and need to have a document of undertaking signed for taking possession of apartment in India. The builder says for NRI document should be attested by India consulate. I am in New York and I can personally go to India Embassy in New York. Should I do notarize the document and appostiled before going to India consulate in New York. As per your instructions, if I go in person, there is no need for appostile. However, India consulate web site says any document related to property should be appostiled. Can you advise ?


    • Anil Gupta
      Anil Gupta 16 Oct, 16 at 1:39 pm

      There is no need for ‘Apostile’, if you go in person.
      Notarization is needed for witness signature, if they are NoT going to embassy with you.


      • Jay
        Jay 16 Oct, 16 at 1:43 pm

        Hi Anil. I am US passport holder . It seems the appostile is needed for US passport holder even if I go in person. I checked the India consulate web site again. Do you have a different experience on this ? Appostile is a very long and complicated process and I am trying to avoid it if at all possible. Thanks for your help here and a great post.


        • Anil Gupta
          Anil Gupta 16 Oct, 16 at 3:17 pm

          You did not mention earlier that you are a US citizen.
          Yes, ‘Apostile’ is needed for NRI with US passport.


        • cec
          cec 18 Dec, 16 at 4:12 am

          HI jay,my situation is like yours..could let me know the process to get this POA done for US passport.


  165. Shivani Gupta
    Shivani Gupta 13 Oct, 16 at 8:54 pm

    Hi,

    Thanks for the wonderful post .I am staying in NC and will send documents to embassy via mail so just want to reconfirm following points:
    1)As I am in NC so from internet looks like I need to send documents Washington DC embassy or can I go to Atlanta also.If I can go to any nearby embassy then I would prefer to go personally.
    2) When I will send all the photocopies of documents then for passport also only photocopies or Original passport also needs to be send

    Thanks,


    • Anil Gupta
      Anil Gupta 14 Oct, 16 at 7:38 am

      Hi Shivani,
      1. The Indian Embassy that you should visit/send documents to, is based on jurisdiction and NOT on nearest distance. For NC, it is Washington DC. No other embassy will entertain your request.
      2. You have to notarize all supporting documents including Passport photocopy before sending by mail. They will NOT accept plain photocopies (in 2 sets). They have to be notarized.

      Do NOT send any original document except PoA.


      • Shivani Gupta
        Shivani Gupta 14 Oct, 16 at 11:19 am

        Thank You!


  166. Rsharma
    Rsharma 12 Oct, 16 at 2:28 am

    Hi Nitin, I am buyingg a house in mumbai. I am going to send POA to my brother in india. Do I need my brother signature to get the poa attested by embassy or I along with 2 witness sign in front of embassy and the send the document in india for him to sign a d register


    • Anil Gupta
      Anil Gupta 12 Oct, 16 at 5:28 am

      Hi RSharma,
      I am assuming your brother is in India. He does not need to sign the PoA in Indian embassy. Only you and 2 other witnesses are required.

      Your brother (PoA holder) will need to sign while registering PoA in registrar office in India.


  167. Kishore
    Kishore 4 Oct, 16 at 8:23 pm

    Hi Anil, Do you have a sample copy of an Apostille document?
    Is Apostille just a stamp or any signatures? Do i need to fill any form at secreatary of state?
    Just to double check, before taking the doc to Secretary of state I just have to get the witness signatures notarized, correct?


    • Anil Gupta
      Anil Gupta 5 Oct, 16 at 7:06 am

      Hi Kishore,
      Unfortunately, I do not have any sample copy of apostile.
      You probably will have to fill a request form at ‘secretary of state office’ as an application.

      Each state has a different process here.


  168. Sekaran
    Sekaran 6 Sep, 16 at 12:02 am

    is the any condition for staying period in US, i.e 90 days or 180 days ,


    • Anil Gupta
      Anil Gupta 6 Sep, 16 at 5:51 am

      No. There is no such condition. The only thing is that you should have a valid visa (other than business or tourist).


  169. Biplab Dutta
    Biplab Dutta 2 Sep, 16 at 9:56 am

    Can an Attested General Power of Attorney to be given by my niece (deceased brother’s daughter) residing and working in Washington DC and to be registered at Kolkata Regn. Office be used , along with other Gen. Power of Attorneys from other co-owners of a Property in Ranchi, Jharkhand be used to sell the Property?


    • Anil Gupta
      Anil Gupta 2 Sep, 16 at 10:06 am

      This is a property lawyer question and out of scope of this article.
      I would suggest you to consult one.


  170. Kunal
    Kunal 27 Aug, 16 at 5:08 pm

    Hello, I have a similar query as posted a while back..I live in SFO, and have a flat in India, with my wife as a joint owner. We want to sell that flat and give a POA to a family member in India. Is my understanding below correct:
    Draft two original POAs – one my wife will sign, and one I will sign
    Get these two notarized by a notary in SFO, with two witnesses present (can’t ask them to come to Indian consulate..)
    Which documents should I sent for Apostille:
    – Original notarized PAOs with photograpgs pasted
    – these POAs will have our signatures on it, photocopies of notarized POAs
    – copy of CA driving licenses
    – Copy of passports – first and last few pages
    – copy of US visas for me and my wife
    – Supporting fees as needed

    Anything else..? Property papers showing proof of ownership..?

    Then after we received the documents back, what all do we take to the Consulate? Apostilled POAs and photocopies, copy of passports, copy of visas, copy if CA driving licenses, copy of property documents, and supporting fees?

    Does my wife have to visit the Consulate with me?

    Thanks a lot for your help..this forum has been very helpful to understand the complex procedure for CA/SFO…!


    • Anil Gupta
      Anil Gupta 28 Aug, 16 at 6:31 am

      Hi Kunal,
      I would request you to carefully read the article again to get answers to your questions. It’s all me mentioned there.
      1. You need two copies of PoA with each having both of you as executant (you and your wife). The second one is for Indian embassy to keep for their records.
      2. Documents required for Indian embassy are clearly mentioned.
      3. For ‘Apostile’, documents requiredshoudl be checked from your specific state secretary office. I have no information about it.


      • Kunal
        Kunal 19 Sep, 16 at 5:30 pm

        Hi Anil,

        Thanks to this group, I followed the process and got my documents done..will publish a comprehensive post here soon.

        I have one additional query though – now that I have the PoA stamped from the Indian Consulate, what all documents do I need to send to India for the POA to be valid – do I need to attach copies of passports, and address proof for US? and have them notarized by public representative/apostilled/self/Indian Consulate..?


  171. Shyamala Bhattacharyya
    Shyamala Bhattacharyya 27 Aug, 16 at 11:13 am

    If a property be purchased and registered jointly through the power of attorney should it be countersigned by the principal within six months?


    • Anil Gupta
      Anil Gupta 27 Aug, 16 at 12:45 pm

      If the property has been registered using PoA, then there is no need for the principal to sign. It is already registered on principal’s name.


  172. Rahul Malik
    Rahul Malik 12 Aug, 16 at 11:03 am

    hi All,

    I am having a flat in India with my wife as co-owner and keen to give POA to my father. I am going to mail my all documents to Indian Embassy , SFO .

    I have below questions:-

    1. My wife and me had both filled POA document as joint owner i.e 1 POA document is filled . is it correct or we are require to fill separate POA documents.

    2. Are we supposed to fill separate miscellaneous forms for both my wife and myself? Or 1 miscellaneous form for primary flat owner.Actually on miscellaneous form only 1 person’s information can be provided and hence we are not getting how to fill 1 miscellaneous form for joint owners.
    Shall we fill 1 miscellaneous form only for primary owner?

    3. Supporting documents needs to be apostilled and notarized both or only notarized.

    Please answer my questions , it would be great help to us..

    Regards
    Rahul malik


    • Anil Gupta
      Anil Gupta 12 Aug, 16 at 12:18 pm

      1. You need to make 2 original versions of your PoA.
      2. You can fill one miscellaneous forms. That is fine.
      3. Supporting documents need to be notarized only.


      • Rahul Malik
        Rahul Malik 12 Aug, 16 at 9:36 pm

        Thanks Anil for your reply .
        I have 1 doubt on point#2 , on miscellaneous form , we should write only primary owner name or both owner names?


        • Anil Gupta
          Anil Gupta 12 Aug, 16 at 9:42 pm

          Hi Rahul,
          I would suggest to call and clarify this from embassy.
          As far as I remember my application, we just filled one form with only primary person’s details.


          • Rahul Malik
            Rahul Malik 22 Sep, 16 at 8:46 am

            Hi Anil,

            Thanks for all your help!! I am done with POA process in US and have sent it to India, now builder is saying to get it registered in any Indian court. My question is do you know what would be the procedure in court to get POA registered.

            Regards
            Rahul


            • Anil Gupta
              Anil Gupta 22 Sep, 16 at 8:49 am

              Hi Rahul,

              Step by step Registration process is mentioned here:
              http://www.am22tech.com/registered-power-of-attorney-in-india/

              You have to get it registered in SDM (sub divisional magistrate) office.

              Let me know if you need more information.


            • Ryan Justus
              Ryan Justus 5 Dec, 16 at 8:00 pm

              How many days i took for you through mail


              • Rahul Malik
                Rahul Malik 15 Dec, 16 at 10:56 pm

                Around 10 business days..


        • Akhil Sharma
          Akhil Sharma 15 Dec, 16 at 3:41 pm

          Hi Rahul, what did you finally do? Did you make 2 POA 1 for you and another for you wife or did you just do for the primary owner? I need this for rental and taking possession and have a joint owenership with my wife.


          • Rahul Malik
            Rahul Malik 18 Dec, 16 at 10:24 pm

            We have sent only 1 POA with both primary and secondary owner name mentioned , also sent all notarized documents for both.


  173. Ashok Kumar
    Ashok Kumar 5 Aug, 16 at 1:28 pm

    Witness Signature on POA. As per HDFC POA format, i dont see witness signature is required, please let me know whether witness signature is mandatory for Embassy to sign POA

    HDFC POA –
    https://www.hdfc.com/sites/default/files/PowerofAttorney.pdf


    • Anil Gupta
      Anil Gupta 5 Aug, 16 at 1:58 pm

      Indian Embassy requires signature of 2 witnesses. So, even if you do not have a dedicated space in the HDFC template, you would need the signatures somewhere.


      • Ashok Kumar
        Ashok Kumar 5 Aug, 16 at 2:01 pm

        Thanks for the answer, do i need to provide witness addresses also on the POA?


        • Anil Gupta
          Anil Gupta 5 Aug, 16 at 2:03 pm

          Yes. Its clearly mentioned in our sample PoA above.
          Witness name, signature and US address needs to be mentioned and then notarized, before going to Indian Embassy.

          Notary would sign only if you make the witnesses sign in front of him. So plan accordingly.


  174. Anand
    Anand 31 Jul, 16 at 4:59 pm

    Hi Anil,
    At Chicago, is Apostille required for “Power of Attorney” for someone with Indian passport ? Have been in U.S for last 1 year and expected to go back to India after 1 more year.


    • Anil Gupta
      Anil Gupta 31 Jul, 16 at 6:54 pm

      Yes, Apostile is required if you are living Chicago.


      • Anand
        Anand 1 Aug, 16 at 7:26 pm

        I called the Chicago Indian Consulate today. The consulate person mentioned that Apostille is not required if I am appearing in person. Now, I am confused if getting the apostille can cause any issue


        • Anil Gupta
          Anil Gupta 1 Aug, 16 at 7:29 pm

          There is no issue whatsoever in getting ‘Apostile’. It’s okay if you have already got it done.
          Indian embassy will still attest it.


  175. Tarun Negi
    Tarun Negi 26 Jul, 16 at 10:58 pm

    Hi Anil,
    I am in a very similar situation as you have mentioned above.
    I went through everything and understood most of the things.
    One step which is not clear to me is below:

    “Your original POA (2 copies) and original passport would be taken up by the consulate officer after making you sign in front of him.”

    Question: Does it mean we should have 2 original POA OR it means 2 photo copies of the original POA?

    Thanks for such a detailed write up. It helped a lot.

    Tarun


    • Anil Gupta
      Anil Gupta 27 Jul, 16 at 5:47 am

      It means 2 sets of original PoA. It should not be a photocopy.
      One would be kept by Indian embassy and one would be returned to you.


  176. Ridhima
    Ridhima 22 Jul, 16 at 4:24 am

    Sir, I have to Revoke/ Cancel Power of Attorney which i Executed & Registered in India in 2005. Now i want to cancel it … so in this case if only Notary Attestation is sufficient or i have to go to embassy to cancle POA ?


    • Anil Gupta
      Anil Gupta 22 Jul, 16 at 8:32 am

      Hi Rishima,
      You should get the cancellation also attested by Indian Embassy.
      Please note that notary attestations (done outside) are not recognized by government offices in India. It may work for private company purpose, but does not for government purposes.

      They will only recognize the Indian embassy stamp and signature.


  177. Sandeep Sharma
    Sandeep Sharma 21 Jul, 16 at 1:06 pm

    Appreciate for helping many of us on this topic and govt matters related with the same. In my case, my wife is giving me general power of attorney for registration of a join property in India. As she cannot travel, I plan to get the GPA. As I understand, I get it notarized locally along with two witness go to notary office and sign on the GPA.
    My question is that can only I go in person to consulate office at Houston Tx having done my wife’s signature notarized in dallas city ? Besides all other documents needed as mentioned on their website and in your article as well, do I need any authorization letter also from her to me.
    I do not want to mail the documents and want to go in person to avoid any delay for limited time that I have as I am traveling to India myself for this registration work in some days.
    Please guide.


    • Anil Gupta
      Anil Gupta 21 Jul, 16 at 3:06 pm

      Hi Sandeep,
      The primary purpose of going to Indian embassy is to get the Signature verified (attested) by Indian consulate. In this case, it is your wife’s signature that they would attest. Hence, it is mandatory for her to travel personally.


  178. abhinav
    abhinav 16 Jul, 16 at 10:01 am

    if i have canadian citizenship. if then also i have to go to embassy to Execute POA…if yes wht documents do i need to carry?


  179. divya
    divya 16 Jul, 16 at 8:04 am

    Some advocates are suggesting in india. that only notary is sufficent.. there is no need to attest from indian embassy.. kindly guide


    • Anil Gupta
      Anil Gupta 16 Jul, 16 at 8:36 am

      It depends on the final purpose. If you want the PoA for procuring bank loan in India, they do accept the notarized PoA.
      But, if you want to register the property, you would need Indian Embassy Attestation.

      The rule of thumb is to ask the third party about the requirement. For example, if you are buying a property, ask the builder if they would accept the notarized PoA or need an attested one or a registered one. That would define what you should do next.


      • divya
        divya 16 Jul, 16 at 8:59 am

        Thank u Sir for your valuable reply…
        want the power of Attorney to Register the property?


        • Anil Gupta
          Anil Gupta 16 Jul, 16 at 9:14 am

          Yes, you would need registered PoA for property registration.


          • kapoord33@gmail.com
            kapoord33@gmail.com 16 Jul, 16 at 9:18 am

            Yes sir for this only advocates are suggesting that notary is sufficent.. there is no need to attest from indian embassy….. kindly guide


            • Anil Gupta
              Anil Gupta 16 Jul, 16 at 10:51 am

              I can’t really comment on what advocates are saying. As per my experience, you need registered PoA for registering property on your name in India.

              Rest depends on what the builder says. Advocates just give you a standard advice. Notarized PoA will only work for private company work like Bank loan or signing some other bank documents.


  180. divya
    divya 16 Jul, 16 at 8:02 am

    plz tell about canada procedure


    • Anil Gupta
      Anil Gupta 16 Jul, 16 at 8:33 am

      Hi Divya, The process in Canada should be same as for USA.


  181. Alex S
    Alex S 3 Jul, 16 at 3:59 pm

    Great article – thanks so much. Two questions please ..I want to giver P{OA to my brother in India. I live in San Francisco.
    1. Does the POA form need to have zipcode and pincode in the address for me (here in the U.S) and my brother (in India)
    2. The notray public is telling me to sign the POA in front of them before going for Apoistille and Indian consulate … is that ok ?

    Thanks !!


    • Anil Gupta
      Anil Gupta 3 Jul, 16 at 4:24 pm

      1. It’s better to have full address mentioned on PoA. There is no such hard and fast rule as such.
      2. You can sign in front of notary public and then again sign again in front of consulate.


      • Alex S
        Alex S 4 Jul, 16 at 7:13 am

        Thank you so much !


  182. John
    John 25 May, 16 at 5:18 pm

    @SoanT:disqus: Great article and information. I do not live in Illinois state but plan to go to the Chicago consulate to get a POA attested. Reading your article, it appears the Chicago consulate requires that the POA be apostilled.
    1) Can i get the apostille done at the Illinois Sec of State’s office which incidentally is just a couple of miles away from the consulate?
    2) The other issue is how can I get a power of attorney signature (and apostille done) without signing the POA document since you mentioned that the POA has to be signed in front of the consulate officer that will attest the POA?


    • Anil Gupta
      Anil Gupta 25 May, 16 at 5:23 pm

      Hi John,
      1. The apostile should be done by the secretary of state, whose jurisdiction controls your residential address. If it is Chicago, then apostile should be done there.
      2. If they ask you to sign even for apostile, then you can sign again in front of Indian consulate in Embassy. That’s not an issue. Just make sure that you have enough space on the page to sign again.


      • John
        John 25 May, 16 at 6:46 pm

        @Anil Gupta: Thanks. However, I could not find any information online that confirms that apostille service will only be done by a state secretary office for only residents of that state. Isn’t it similar to Notary public service where they just verifying who you are by asking you to produce ID?


        • Anil Gupta
          Anil Gupta 26 May, 16 at 6:31 am

          On the contrary, did you find any information that out of state secretary can ‘Apostile’ your document?

          On the ‘Apostile’ specifically, as per an agreement between India and USA, the apostiled document is legally acceptable anywhere in India even without Indian embassy stamp.

          But, some government offices may not even be aware of this and probably may not accept it without embassy stamp. That is why we recommend you to get it attested before sending it to India and to be on a safer side.


          • John
            John 4 Jun, 16 at 11:49 am

            Yes, apostille will verify the notary signature for any person, the Sec of state office does not verify you are a resident of the state (that is not the requirement i believe). I was able to get my POA notarized out of state and also get it apostilled by the Sec of State of that state.


            • Anil Gupta
              Anil Gupta 5 Jun, 16 at 8:28 am

              That sounds good. I was not aware that out of state secretary can apostile the document.


              • John
                John 8 Jun, 16 at 9:39 am

                @SoanT:disqus: Yes, the Secretary of state of a particular will apostille a document notorized by an authorized notary of that same state. You do not need to be resident of that state. That said, I agree with you that it is good to get the POA notorized/apostilled in your home state. During my attestation at Chicago consulate, the officer questioned that for my case but seemed to let is slide after I requested him. I was the first person there (I was there at 9:30am). Later in the day, he appeared to be strict in terms of requirements with other applicants – even turning back folks that did not have photocopies for whatever service they were applying for. In truth, their website does contain all the instructions which confirms the excellent write-up you have put together.
                If you drop your POA and passport off early at the Chicago consulate – between 9.30 am and 10:30 am, you will be able to get it back by 11:30 am.


                • Anil Gupta
                  Anil Gupta 8 Jun, 16 at 11:34 am

                  Thanks John for sharing the information. It will certainly help others coming on this page for help.
                  I appreciate it.


  183. Mario Manuel
    Mario Manuel 25 May, 16 at 4:44 pm

    nice write up


  184. Band Avabel
    Band Avabel 18 May, 16 at 7:12 am

    Hi Anil, I live in Illinois but on the border of St. Louis Missouri. If I file the POA, do I need to file in Chicago or can I go to the St. Louis Indian counsulate and file?


    • Anil Gupta
      Anil Gupta 18 May, 16 at 7:15 am

      The embassy jurisdiction depends entirely on your residential address. If it is Illinois, then you should go to Chicago.
      It does not matter how close you live to the nearest Indian embassy.


  185. Sowmya
    Sowmya 16 May, 16 at 10:26 am

    Hello Anil,

    My query is regarding the validity of General POA. I’m from NY and planning to give General POA (with no expiration date) to my father to sell a plot in India. I have seen in few reviews that attested POA by Indian Embassy is valid only for 30 days. Does this mean that any transactions of selling plot should be completed within 30 days ?? Can you share your knowledge on this, as I’m confused.

    Thanks


    • Anil Gupta
      Anil Gupta 16 May, 16 at 11:43 am

      I have not heard about any such time restriction on attested PoA.
      What I can say is that if you should get this attested PoA registered in India as soon as possible. The more you delay, the more questions/proofs will be demanded by registrar.

      Registered PoA is valid until you explicitly revoke it.


      • Sowmya
        Sowmya 16 May, 16 at 12:30 pm

        Hi Anil,

        Thanks a lot for the quick reply, important point that i could understand is that Embassy attestation does not explicitly mention the validity of the attestation. Can you please confirm ?


        • Anil Gupta
          Anil Gupta 16 May, 16 at 12:31 pm

          No. There is no expiration date written by Embassy.


  186. harjan cheema
    harjan cheema 14 May, 16 at 11:40 pm

    Hello Anil,
    Please let me know if the Indian consulates do not attest GPAs that authorize someone who is not a blood relative (parent/son/daughter/sibling/spouse)

    Thanks


    • Anil Gupta
      Anil Gupta 15 May, 16 at 5:38 am

      Indian embassy does not care about the relationship. The PoA holder’s relationship details are only asked/required while registering it in India.


  187. Sujatha
    Sujatha 27 Apr, 16 at 7:14 pm

    Hi Anil: I am trying to understand the next steps after the Consulate attestation. My POA document after Consular attestation is ready to be sent to India. The POA document allows my brother to take possession of my residential flat. Once he receives the attested document, I understand that he has to on stamp paper in the presence of 2 witnesses and notarization by an attorney accept this responsibility. Is that what you did too? Any help here would be helpful.


    • Anil Gupta
      Anil Gupta 27 Apr, 16 at 7:25 pm

      The next step is to ask the builder if they need a ‘registered POA’ for giving out the possession. If yes, then there is another hectic process that you need to go through in India.
      This process is to register the ‘attested PoA’.
      Read the process here:
      http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#registered-power-of-attorney-nri


      • Sujatha
        Sujatha 27 Apr, 16 at 7:29 pm

        I just saw the information related to this that you had provided. I will check with the builder anyways. Thanks for being so prompt


        • Anil Gupta
          Anil Gupta 27 Apr, 16 at 7:29 pm

          You are welcome.


          • Rajat Basu
            Rajat Basu 28 Feb, 17 at 9:51 pm

            Friends,
            Firstly thanks to all those have taken time out to share their experiences to make life easy for people like us.

            Quick update from my end – I am an Indian National on L visa in the USA & I needed to get a POA attested to send to India and I went to the Indian Embassy in NYC for this and the process was very smooth. Excellent, service with a smile by the staff!!

            You need to carry two copies of the POA document alongwith just one set of photocopy of your passport, Visa, i94 (in my case) & address proof. That’s all.

            No prior notarisation required!!
            No other documents or photographs etc.! Cost $23.

            I did this today, Feb 28th!


  188. Sujatha
    Sujatha 27 Apr, 16 at 12:55 pm

    Hi Anil: just wanted to say a big thank you. I got my POA attestation done from the Consulate today. Everything went exceptionally smoothly because of your instructions.


    • Anil Gupta
      Anil Gupta 27 Apr, 16 at 1:01 pm

      You are welcome Sujatha. I am glad it helped you.


  189. Sujatha
    Sujatha 19 Apr, 16 at 3:07 pm

    Hi Anil
    Can the photograph of the executant on the POA be affixed before the signature is done or does it have to be affixed only at the time of signing?


    • Anil Gupta
      Anil Gupta 19 Apr, 16 at 4:10 pm

      Yes, it can be pasted before visiting embassy. Do not sign though. Signature has to be done in front of consulate.


      • Sujatha
        Sujatha 19 Apr, 16 at 4:24 pm

        Thank you for your prompt response.


  190. Arun Nair
    Arun Nair 16 Apr, 16 at 12:23 pm

    Hi Anil,

    If I just have soft copy of my electricity bill would the printout of the same suffice as an address proof for POA?


    • Anil Gupta
      Anil Gupta 16 Apr, 16 at 12:58 pm

      Yes. If possible, take a color print-out. Black and white is not an issue but it is better to be pre-prepared with Indian government tasks.


      • Arun Nair
        Arun Nair 16 Apr, 16 at 1:54 pm

        Thanks Anil. Thats exactly what I’ve done – a color soft copy printout and a black and white one.
        One quick follow-up: Apart from POA, I have to get my salary slip attested also. The firm has denied to give me a salary statement apart from the online per week salary paycheck that I am able to print out. My bank wants a month’s worth of pay statement attested.
        Now, the payslips for the one month (4 x per week) are online softcopies. Would they suffice? How do I prove that they are the real deal and not photocopies? I am not sure whether you’ve dealt with this situation but just thought of asking you. Thanks for the information!


        • Anil Gupta
          Anil Gupta 16 Apr, 16 at 2:01 pm

          If i understood your question correctly, you need salary slips attestation.
          Since, this is NOT a suppprting document, it does not matter for consulate.
          They will just attest your signature and hold no responsibility for the document’s authentication.


          • Arun Nair
            Arun Nair 16 Apr, 16 at 2:05 pm

            Sorry I was not clear the first time: I have to attest a month’s worth salary statement, which I don’t have as I have weekly salary and hence I’ll be having 4 salary slips for an entire month. My salary slip is in black and white (online payslips, so I’m going to print them out, it’s not paper payslip that they usually send home). How does the consulate verify the authenticity of the same? Would it suffice to provide my signature on each of the payslips and then ask the consulate to attest the same? Thanks!


            • Anil Gupta
              Anil Gupta 16 Apr, 16 at 6:32 pm

              Hi Arun,

              As I already said, Consulate does not care about the authenticity of ‘Salary slips’ as such. They only verify your address proof and other such government issued IDs.
              Their only responsibility is to attest your signature on the document that you present for attestation. Even in the case of POA, they don’t care about what content you write in it. They just attest the the signature and keep a copy with them.
              They are in no way responsible in the attested document is fake. The onus lies on you and you would be liable for the document’s (in this case your POA or Salary Slips) correctness.


              • Arun Nair
                Arun Nair 16 Apr, 16 at 9:01 pm

                Thanks Anil.


  191. Deepal Udeshi
    Deepal Udeshi 31 Mar, 16 at 3:30 pm

    Hi Anil,

    This site is great. Thanks a lot for all the information.
    I am planning to send my documents by mail to the consulate in Atlanta. I wanted to know how many days does it take for the consulate to send back the signed POA. Since they require the original passport I am worried if it will be returned back safely.

    Thanks
    Deepal


    • Anil Gupta
      Anil Gupta 1 Apr, 16 at 8:11 am

      Hi Deepal,
      There is no specific time defined by Embassy, but, you should keep a buffer of at-least 2-3 weeks.


      • Deepal Udeshi
        Deepal Udeshi 1 Apr, 16 at 9:47 am

        Thanks for the prompt reply Anil.

        1. The power of attorney that i have is in a certain format that the bank needs. That format has no section for witness so do I still need to get the POA signed by a witness ?

        2. If yes what documents of the witness do I have to send across?

        3. I will be mailing to the Atlanta consulate, do I need to get the power of attorney duly notarized and apostilled? or only notarized?

        4. I have two pages in my power of attorney, so will the charges be $23 for each page that needs to be signed by the consulate or $23 totally?

        5. Since I am sending my passport across, will it be safe and will be returned to me? I really don’t want it to get lost.

        Thanks
        Deepal


        • Anil Gupta
          Anil Gupta 1 Apr, 16 at 1:57 pm

          Hi Deepal,
          1. Yes, you need witness signature, if you want it to be attested by Embassy. That’s Embassy’s requirement.
          On the other hand, if this POA is needed by Bank, simple notarization may be sufficient.

          You have to ask your bank, if a simple notarized PoA (without witness signature) would work for them.
          If they ask you to get it attested by Indian Embassy, then you have to get witness signature, even if Bank does not need witness.

          2. Documents required are listed here (they are same for postal application)(in above article):
          http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#documentary-proof-attest-poa-nri

          3. Answer is available here (in above article):
          http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#sending-documents-by-mail

          4. Yes, most probably. it is better to call embassy and verify or send check for two pages ($23*2).

          5. I can’t say anything about safety. It depends a lot on the mailing service that you use.
          I would suggest to use a service that provides tracking of package to be on a safer side. Passport would be returned to you once the documents have been attested.
          The best option is to visit Embassy in person. It will be fast and safe. Rest is up-to your individual circumstances and requirement.


          • Deepal Udeshi
            Deepal Udeshi 5 Apr, 16 at 8:59 am

            Hi Anil,

            I just had one more confirmation, I will be sending photo copies of my driving license, passport, notarized POA, I-94, Visa etc, Do these copies have to be notarized? or just a plain photo copy is fine,

            Thanks for the help
            Deepal


            • Anil Gupta
              Anil Gupta 5 Apr, 16 at 9:05 am

              You should get all photocopies notarized.
              In case of personal visit, they ask you to bring the originals along to verify.
              In case of mailing, you need the notarization since they have no way to verify with original.


              • Deepal Udeshi
                Deepal Udeshi 5 Apr, 16 at 9:24 am

                I will be sending my passport with my application, so i guess notarization of passport and visa copies will not be needed. Is that correct?

                Will original bank statements work as proof of address?

                Also the money order of $20 and $3 both have to be in favor of “Consulate General of India” or there is a different name for both of them?


                • Anil Gupta
                  Anil Gupta 5 Apr, 16 at 9:34 am

                  1. Yes, you are right. No need for passport copies to be notarized.
                  2. Yes, both should be in favor of ‘Consulate general of india’. Atlanta embassy has not mentioned anything separate name for $3 check.


                  • Deepal Udeshi
                    Deepal Udeshi 5 Apr, 16 at 9:41 am

                    Thank You.
                    Will original bank statements work as proof of address or i will have to send across the copy of driving license?
                    Will be sending my documents today. Fingers crossed. 🙂


                    • Anil Gupta
                      Anil Gupta 5 Apr, 16 at 9:42 am

                      Copy of driving license.


  192. Mohit
    Mohit 21 Mar, 16 at 3:47 pm

    Hi Anil, we are 2 executants (husband and wife) on a POA that we will be submitting to the Chicago consulate.

    1. Should we submit 2 miscellaneous services application forms, or fill just one form with two photographs attached. Spouse name is already there on the form, but it does not as for other details for spouse.

    2. If the answer to above question is 2 forms, what would the fee be? The form specifies $23 per attestation. Is it still 1 attestation?

    3. Do we need to send both sets of original passports?

    4. For POA it is noted that we need to send 2 sets of original notarized+apostiled POAs. does this mean that we have to submit the fee of $23*2?


    • Anil Gupta
      Anil Gupta 21 Mar, 16 at 8:47 pm

      1. Only 1 form is required. You both should sign it.
      2. Fees is charged per document. In case of 1 PoA attestation, you will pay $23.
      3. Yes, both original passports need to be sent.
      4. Nope. 2 sets are needed as 1 will be kept by embassy for their records and other would be returned to you after attestation. Fees only needs to be paid for 1 attestation here.

      Please note that some embassy’s charge fees per page of attestation and per signature attestation.
      I dont know why it varies.

      In case of NY, they charged us per page even though we had two signature (me and wife) to be attested.

      In case of Washington, I have heard that they charge per signature.

      So, it is better to call the customer care of embassy before sending the docs by mail.


    • Mathew
      Mathew 7 Apr, 16 at 7:06 pm

      Hi Mohit,

      I live in MN and plan to do a POA for a property dealing in Chicago Indian Consulate. Did you get the POA docs apostiled from your state and if yes, how much time did that take?

      Thanks
      Mathew


  193. Amit
    Amit 17 Mar, 16 at 1:48 pm

    Hi Anil,

    My mother and I will be the executants of the POA and my father in-law will be the POA holder.. However, she resides in India and I am in the US. How would you suggest I handle the process:

    Should I leave a place-holder on the POA form for my mother to sign AFTER I get the POA attested in the US and mail it to her so that she can sign and then mail it to the POA holder?

    Or will she have to be present for the registration since she is currently residing in India (living in another city, not the same where we own the property).

    Many thanks,
    Amit.


    • Amit
      Amit 17 Mar, 16 at 1:57 pm

      Or is it better to have her sign the POA and send it to me in the US for attestation? But I am not sure if a blank POA (without stamp paper) would suffice in this case?


      • Anil Gupta
        Anil Gupta 17 Mar, 16 at 2:14 pm

        Hi Amit,
        Yours is a complicated scenario where one person is in USA and another is in India.

        I am not the best person to advice on this matter as i have no experience with this kind of PoA.

        But, as per my opinion, you and your mother should create two separate PoA’s. Since the process for a person within India is entirely different than one outside India, the two PoA’s cannot be clubbed.

        So, I would suggest you to follow the NRI process (mentioned in above article) and your mother to follow the Indian process mentioned here:
        http://www.am22tech.com/registered-power-of-attorney-in-india/

        Make your father-in-law the PoA holder in both cases and then both PoA’s to him.
        He can then use these two for managing the property in question.

        Does that help?


        • Amit
          Amit 18 Mar, 16 at 7:15 am

          Thanks Anil for the prompt response!

          Yes that was helpful. She is residing in another town and will need to be physically present in the jurisdiction to take care of the paper-work. The logistics can be a bit cumbersome so I think I’ll remain the sole executant for now.


  194. Rajeev Kumar
    Rajeev Kumar 13 Mar, 16 at 7:46 pm

    Hi Anil, I plan to buy a property, seller is in US and will send SPA (mostly atteseted by Indian Embassy in Atlanta) to one of her relative. Is there any way I can get SPA verified by Indian embassy?

    Thanks

    Rajeev Kumar


    • Anil Gupta
      Anil Gupta 13 Mar, 16 at 9:04 pm

      I doubt there is any such facility available.
      On the other hand, it is mandatory to get the attested PoA registered in India, before the holder can use it.

      If it is registered in India, you can certainly get it verified in registrar office. Also, registrar office would verify the authenticity of attested PoA.


      • Rajeev Kumar
        Rajeev Kumar 13 Mar, 16 at 9:15 pm

        Thanks Anil for prompt response.

        Tx

        Rajeev Kumar


  195. Shilpa
    Shilpa 8 Mar, 16 at 3:48 pm

    Hi Anil,

    I and my husband need to give POA to my father in law for a property purchase. The builder is sending us a POA on a stamp paper and they are asking my father inlaw to sign it and send it to us in US so that we can get it attested at the consulate. Is there anything I need to know for this process and also is it fine if we send the documents by mail or do you recommend going there in person. We had to go back and forth quite a few times because I am giving the POA to a non blodd relative and that its a join POA for both me and my husband.

    Thanks,
    Shilpa


    • Anil Gupta
      Anil Gupta 9 Mar, 16 at 8:16 am

      No, there is no issue in sending documents by mail. I would suggest to use either Fedex or UPS for better services.
      You can get them attested at Indian consulate using the same process as we have listed above.


  196. Jay Nanavaty
    Jay Nanavaty 3 Mar, 16 at 7:13 am

    Hi Anil,

    Your blog has helped me like anything. Thanks a lot for this information. I have question that do we really need to get POA attested at Indian consulate even if person holds american passport but of indian origin. In other words, he is indian and now got american citizenship. Also what is there for greencard holder?

    Thanks,
    Jay


    • Anil Gupta
      Anil Gupta 3 Mar, 16 at 8:18 am

      Hi Jay, I ave answered your question on the other article’s comment page here:
      http:/www.am22tech.com/registered-power-of-attorney-in-india/#comment-2549159801

      Let me know if you need more information.


  197. Karthick Bs
    Karthick Bs 2 Mar, 16 at 10:03 am

    Hi,
    My wife( H4 Visa) wants to give POA, but she doesnt hold any address proof now as all under my name.
    Can you any one suggest what has to be done in this case ,i can only avail a state ID or Driving licsn for her

    I live in Ohio and looking forward to send the POA via mail.

    Thanks in advance!

    -Karthick


    • Anil Gupta
      Anil Gupta 2 Mar, 16 at 10:08 am

      She must be a co-signer in your apartment lease agreement. Isn’t she?
      If not, you can get her name added in lease and that would act as a valid proof of address.

      Normally, all the people living in an apartment have to be a co-signer on lease.


      • Karthick Bs
        Karthick Bs 2 Mar, 16 at 10:15 am

        Yeah, she is a co-signer. Thanks a lot Anil !
        Also still in Indian Embassy Newyork website (http://www.indiacgny.org/index.php) i cant see any option or tag with POA. Whether its referenced under “Attestation of documents” ?


        • Anil Gupta
          Anil Gupta 2 Mar, 16 at 10:26 am

          Embassy websites are not well maintained and they change the link (URL’s) every now and then.
          Anyway, i have updated the links to the services page and the form for applying (Miscellaneous services form) above.

          You might not be able to see it immediately in the above article. Hence, here are the direct links for you:
          1 Services page:
          http://www.indiacgny.org/pages.php?id=76

          2. Application form page:
          http://www.indiacgny.org/pages.php?id=77

          Let me know if you need more information.


          • Karthick Bs
            Karthick Bs 2 Mar, 16 at 10:29 am

            Thanks a ton 🙂 This really helps..


  198. Vaishnavi Ilango
    Vaishnavi Ilango 25 Feb, 16 at 10:39 pm

    Hi,

    We need to sell a property in india which is jointly owned by myself and my mom, i need to give the POA for her to sell the entire property. What are the steps i need to take as i currently reside in the US. Looking forward for your reply


  199. Geetha
    Geetha 27 Jan, 16 at 1:05 am

    Hi,
    Do you have a sample of General POA for selling multiple properties in India. Do I list all the properties in the document.
    Few are in my name, few in my husband and 1 combined. Can we give just one POA or should we make 2 different.
    Can you please help me out with this. It is so confusing. People I ask are telling me different things.

    Thank you…


    • Anil Gupta
      Anil Gupta 27 Jan, 16 at 8:39 am

      As per my knowledge, each property has to be dealt with separate Special Power of Attorney (SPA) and needs to be registered.
      General PoA (called GPA) does not work for selling property or other property matters.

      Each property needs to have its own SPA.


      • Geetha
        Geetha 28 Jan, 16 at 5:11 pm

        Thank You so much for your reply. One more question.
        As per my understanding for SPA we need the buyer details on the SPA ? Is that true ?


        • Anil Gupta
          Anil Gupta 28 Jan, 16 at 5:42 pm

          If you are the seller, then no. You don’t need to, unless you want to make highly specific.


  200. Sunny
    Sunny 21 Jan, 16 at 8:39 pm

    Hello,
    My uncle is now a resident of Germany..but he has one property purchased on his name and also inherited a property from his father (both parchas are on his name).
    Now he wants to gift the properties to his brother who is a resident of India.but as he is around 65-70 years old and unfit to travel to India and do the formalities.
    Please let me know how can this be solved and how??


    • Anil Gupta
      Anil Gupta 21 Jan, 16 at 9:56 pm

      This scenario is out of scope of this article.
      I would suggest to consult a property lawyer for gifts and associated rules.


  201. GAURAV
    GAURAV 12 Jan, 16 at 10:21 am

    Thanks…A fantastic article.need your help. My parents are visiting brother in US, Texas and I need to sell my home jointly owned in my name and mothers. Can we get POA without my mother visiting consulate?

    Secondly as they are on tourist visa can they avail this service? They do not have US address proof? If not what options do I have. Please help


    • Anil Gupta
      Anil Gupta 12 Jan, 16 at 12:13 pm

      Hi Gaurav,

      No, your mom cannot create a POA on tourist Visa (B1/B2). The Indian embassy would not attest it, even if you go there or send documents by mail. A valid address proof and a valid visa (which allows the POA creator to stay in USA except as visitor) is required.

      See this: http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#documentary-proof-attest-poa-nri

      The only option you have is to wait for your mother to come back from USA.


      • v Delhite
        v Delhite 14 Jan, 16 at 1:14 am

        Thanks mate. A broker told me to get a notarized POA from USA and they will get it registered in sub magistrate office. I read somewhere as well that US and India got some kind of agreement which allows notarized US POA to work in India.


        • Anil Gupta
          Anil Gupta 14 Jan, 16 at 7:14 am

          The one you are talking about is ‘Apostile’ and not notarize.
          There is a big difference between the two.

          ‘Apostile’ is done by US Secretary of state and is legally valid document in India as per both country’s agreement.

          ‘Notarization’ is just the verification of signature and nothing else.

          You can get ‘Apostile’ only if you have valid ID and address proof in US.

          Notarization can be done on the basis of passport, but you won’t be able to register it in sub-registrar office until it has been attested by Indian embassy.

          Rest is your choice, if the broker has the ways to get it done. As per my knowledge, it is not legally possible.


          • V delhi
            V delhi 15 Jan, 16 at 11:47 pm

            Thanks again. Now buyer is ready to allow me to send docs to US so that it can be signed by coowner. Would that not suffice if agreement to buy is signed by her?Thanks ..


            • Anil Gupta
              Anil Gupta 16 Jan, 16 at 7:35 am

              If the purpose is only to sign the ‘agreement to sell’, then you can send and take her signature.
              But, buyer won’t be able to register property in sub-registrar office, as personal appearance of seller and signature are required, if you don’t have PoA.


  202. GAURAV
    GAURAV 12 Jan, 16 at 10:20 am

    A fantastic article.need your help. My parents are visiting brother in US, Texas and I need to sell my home jointly owned in my name and mothers. Can we get POA without my mother visiting consulate? Secondly as they are on tourist visa can they avail this service?? If not what options do I have. Please help


  203. Giri
    Giri 8 Jan, 16 at 4:46 pm

    Hi Anil,

    I have to get GPA for 2 documents, requirement is one for bank loan and one for selling property. Can you confirm, do i need to send individual supporting documents or single supporting documents [ like address proof, passport..] is enough sending via email. Also do i need to fill 2 applications with 2 photos or single one is enough? I will be taking 2 cashier cheques [ 23 $ each] since it is for 2 applications.. Can you please provide details on supporting documents.

    Thanks
    Giri


    • Anil Gupta
      Anil Gupta 9 Jan, 16 at 10:15 am

      1. First of all, if both the POA are for same property, you can go for single POA itself. There is no need for separate ones.
      2. It is advisable to send separate sets of supporting documents. This is because, Embassy keeps all the docs as a proof with them with each POA. There is no clear guidance from Embassy on how many set of documents should be sent if you are applying for more than one. It is my opinion to send separate sets to avoid any inconvenience.


  204. Prem
    Prem 4 Jan, 16 at 6:22 pm

    Do Apostile is required in SFO Indian consulate.
    As per the document, ” However in many places in India, they would easily recognize the attestation by the Indian Embassy/Consulate and hence may ask for attested copy despite the document already being apostilled. Hence, to avoid any inconvenience, if you wish to have the apostilled document also attested by the Consulate, you may apply to the Consulate”


    • Anil Gupta
      Anil Gupta 4 Jan, 16 at 7:05 pm

      Yes, for SFO, Apostile is mandatory.
      It is mentioned in above article as well.


  205. Sathish
    Sathish 29 Dec, 15 at 4:52 pm

    Do they attest all the supporting documents (like bank stmts, pay slip, address proof, etc) at the same time when i go for attestation of POA? Do they charge for that?


    • Anil Gupta
      Anil Gupta 29 Dec, 15 at 5:31 pm

      1. Yes, they can attest everything in one visit.
      2. Yes, they charge for each attestation. Each attestation is $23.


  206. Tej
    Tej 13 Dec, 15 at 5:44 pm

    Hi Vikas, thanks for this informative blog.
    I’ve a question. I live in Phoenix AZ, so which consulate do I send my POA for attestation?
    thanks in advance.


    • Anil Gupta
      Anil Gupta 14 Dec, 15 at 12:40 am

      Hi Tej,
      AZ falls in San Francisco (SFO) Indian consulate jurisdiction. Hence, send your documents there.


  207. vikas
    vikas 11 Dec, 15 at 4:38 pm

    I am a student in Boston. I need to get power of attorney so that my dad could sign the loan papers back in India. He has sent me the signed stamp paper for POA. I am going to visit my relative in SF in December. So can i go and get the POA attestation done at San Fransisco Consulate? And even if i am going in person, i need the witness signature notarization is it?


    • Anil Gupta
      Anil Gupta 11 Dec, 15 at 7:57 pm

      Hi Vikas,
      No, you can’t get it attested in SFO.

      The embassy works on the basis of your residential address proof and your jurisdiction will fall in NY embassy.

      Even I went to NY embassy since I reside in Boston too. Follow the process as mentioned above and you will be good.


      • vikas
        vikas 15 Dec, 15 at 3:25 pm

        Hey Anil, just a follow up question. Does the witness have to be a US citizen. Or can my friends sign it?


        • Anil Gupta
          Anil Gupta 15 Dec, 15 at 3:31 pm

          No, witness does not need be a US citizen.
          Anyone with a valid US issued photo ID can sign as witness.

          The most common ID is driving license.


        • Anil Gupta
          Anil Gupta 14 Jan, 16 at 7:20 am

          No. He need not be a US citizen.
          Anybody with a valid US issued photo ID card with address proof is acceptable.

          This means anybody with a driving license can be a witness.


  208. Arun Naggar
    Arun Naggar 9 Dec, 15 at 7:54 pm

    Hello , me and my wife both (Indian Citizen) reside in USA as NRI and keep visiting India after every 4 to 6 months . Now , we have to take possession of a flat in Gurgaon we bought in 2008 under construction property and that time i was in Delhi and my wife sent US Notarised SPA to use for home loan & flat buying as we bought the flat & home loan in joint name that time (Primary my wife & Secondary me). Now , me & my wife both are planning to go India for possession of flat , but my wife will return back to USA after 4 days and i will be in Delhi for 2 -3 months .

    My question is Should i get a FRESH SPECIAL POWE OF ATTORNEY (SPA) registered in Delhi from my wife in my favour when she is also in Delhi for 4 days for possession so that if her signature is needed for anything after she leaves to USA , then i can sign on her behalf ? If yes , should i write our New Delhi address in SPA or our USA address to get it registered ?


    • Anil Gupta
      Anil Gupta 9 Dec, 15 at 8:13 pm

      Hi Arun,
      1. You should write the Indian address as you would need to support it with the address proof. If you provide a US based address, they (govt. agency) might ask you to get it attested form Indian embassy.
      2. If she is visiting India, it is better to get her signature then and there on all documents.
      3. You would need to register POA in sub-registrar office while she is in India, if you want to sign on her behalf especially for ‘Registering’ the property papers.


      • Arun Naggar
        Arun Naggar 19 Dec, 15 at 11:47 pm

        Anil Sir , i understand that i should get a SPA registered in my favour from my wife when she is visiting India so as to use myself to represent her later if needed when she has left to USA .

        Please let me know where should i get the this SPA registered i.e., in New Delhi or in Gurgaon because this Under Construction Property is located in Gurgaon but me and my wife both actually stay in New Delhi and our all ids are also on New Delhi address but we also have one another Registered House Property in our joint name in Gurgaon ?


        • Anil Gupta
          Anil Gupta 20 Dec, 15 at 7:43 am

          Get it registered at the place where you have address proof.
          Haryana government would not register if you do not have Haryana’s address proof.


          • Arun Naggar
            Arun Naggar 20 Dec, 15 at 8:18 am

            Sir , in June of 2015 when my wife was in Delhi , i got a GPA registered in my favour from her in Gurgaon so that i can sign on her behalf for anything where she needs to sign either bank or rent agreement or anything else . Can i use that registered GPA now to take possession from Builder in Delhi ? In possession offer letter , builder has mentioned to bring SPA if one of the joint owners can not come , but i am confused because i have GPA and not SPA ?


          • Arun Naggar
            Arun Naggar 27 Dec, 15 at 3:42 pm

            Dear Anil Sir , in June of 2015 when my wife was in Delhi , i got a GPA registered in my favour from her in Gurgaon so that i can sign on her behalf for anything where she needs to sign either bank or rent agreement or anything else . Can i use that registered GPA now to take possession from Builder in Delhi ? In possession offer letter , builder has mentioned to bring SPA if one of the joint owners can not come , but i am confused because i have GPA and not SPA ?


            • Anil Gupta
              Anil Gupta 28 Dec, 15 at 4:14 pm

              Hi Arun,
              1. GPA is for general purpose and in most property cases, builder demands a SPA specifically. You can ask your builder and see if he can accept the GPA that you currently hold.
              2. Normally, a SPA would have the mention of the specific property and your rights with respect to that property only. You cannot use the SPA for any other purpose as such.


  209. Pinak Mehta
    Pinak Mehta 7 Dec, 15 at 4:02 am

    Hi, am checking on a property for buying purpose. The owners live in NewYork and they have provided a POA in favour of their mother which is attested by Vice Consulate General in the first week of November 2015. Surprisingly the POA isn’t having witnesses signature still attested by Vice Consulate General. My queries are
    1) Without this witness signatures, is this document ( POA ) has legal validity to be considered to execute a sale agreement and sale deed ?
    2) Is this POA needs to be registered with Sub Registar for execution the sale deed ?
    3) Is there any validity of the Vice Consulate General’s signature ?


    • Anil Gupta
      Anil Gupta 7 Dec, 15 at 4:21 am

      Hi Pinak,
      1. Witness signatures are required. I am not sure about legal validity but it is always better to have those.
      2. Yes, this PoA needs to be registered in SDM ( sub divisional magistrate) India to make it legally valid.
      Some states may allow you to register it in sub registrar office too. In case of Delhi, it is SDM office.
      3. Yes, consulate signatures are important. They keep a copy of this PoA in their records for future reference.


      • Pinak Mehta
        Pinak Mehta 7 Dec, 15 at 5:05 am

        Thanks Anil for the prompt reply. Is it required to get it registered in SDM for make it legal valid in the state of Maharashtra for executing sale of agreement or notarised by a local notary would be ok in this case ?
        Also when the Indian Ambassy website shows that the POA has to be witnessed by 2 persons in present of Consulate or the witness signatures has to be notarised before getting it attested by a Consulate General, then how the same POA can be attested by a Vice Consulate without witness signatures at all.
        Kindly advise. Thanks


        • Anil Gupta
          Anil Gupta 7 Dec, 15 at 6:49 am

          1. Yes, SDM office should be fine for registration. You have to ask any of the property dealer to get the real information about whether a notarized POA is accepted in Maharashtra or not. I would suggest to get it registered even to make it safer for you. Remember, in case of any dispute later with the sale of property rights, the registered POA would be highly dependable instrument.

          2. I can’t answer on why and how did the consulate signed it without witness signature. I have not heard of this scenario before.


  210. Devidas
    Devidas 6 Dec, 15 at 6:12 pm

    Hi Anil,

    Thanks for the detailed information.

    I live in NY
    I would like to give POA to my father for a Property in India. My Father has sent me a Physical Copy of the POA in a Stamp Paper. Few questions

    1. Should 2 Witnesses sign the POA in the stamp Paper in front of the Notary ?
    2. Can i sign the POA in the stamp paper in front of the Notary (E.g. Notary in Bank of America) along with the witnesses or i should sign at the Consulate ?

    Regards
    Devidas


    • Anil Gupta
      Anil Gupta 6 Dec, 15 at 7:43 pm

      Hi Devidas,
      1. Yes, if they are not going with you to consulate.
      2. You should sign in front of consulate.


  211. Ramnarayan Gupta
    Ramnarayan Gupta 3 Dec, 15 at 11:18 am

    Hi Anil,
    My situation is like I want to go for a General Power as there are some distinct jobs to be carried out. In my case I want the POA to be in my wife’s name but she is living with me in USA and going to India. Is it still the same process to give the POA in her name?


    • Anil Gupta
      Anil Gupta 3 Dec, 15 at 11:51 am

      Yes, I think so.
      If the jobs are not related to buying or selling of property, you do not need to even register the POA in India.


  212. Abhijeet
    Abhijeet 21 Nov, 15 at 6:58 pm

    Hi Anil,
    Such an informative blog it is !!! Thanks for detailed instructions.. Have one question. I along with my wife are planning to buy a property in Mumbai where my wife would be a co-owner. As this is an under construction property, bank is asking for get this property registered at government i.e. stamp duty and registration. For stamp duty and registeration, we would like to appoint an POA in India. Now my questions are like below.
    1. Do both ( I and my wife ) need to sign a single of power of attorney the way you have given in example?
    2. My wife has just came to US and she does not have any address proof from US, will consulate look for both executant’s address proof? If yes then what could be the easiest way to her address proof?
    3. Do we need to apostile both copies of POA?
    Thanks In advance.


    • Anil Gupta
      Anil Gupta 21 Nov, 15 at 7:40 pm

      Hi Abhijeet,
      Thanks and I am glad you like the blog.
      1. Yes, both need to sign a single PoA if the property is on joint name.
      2. The easiest and best option is the rental lease for address proof. All lease agreements have the name of all members living in the house.
      If this is not possible, then open a bank açcount on her name or add her to your existing account.
      3. Yes, both copies need to be apostiled. Basically, think if it as two separate original mirror PoA. One will be kept by Indian embassy in their records and one will be handed over to you after putting Indian embassy stamp.

      Let me know if you need more information.


      • Abhijeet
        Abhijeet 21 Nov, 15 at 8:18 pm

        Thanks Anil for your quick reply. Have some more.
        We both have filed extension. we have notice of action ( receipt ) but yet to be approved. Hope receipt will serve the purpose of valid visa.
        Also if I would like to send the documents over mail, is it mandatory to send original passports or notarized passport copies will serve the purpose?

        Thanks again.


        • Anil Gupta
          Anil Gupta 21 Nov, 15 at 8:27 pm

          Yes, notice of action should serve the purpose.
          Notarized passport copies would work.


          • Abhijeet
            Abhijeet 21 Nov, 15 at 8:34 pm

            last but not the least. is it required to get Notarized PoA apostiled while sending the doc via mail? What is the process of getting document apostiled? Any link for the same?


            • Anil Gupta
              Anil Gupta 21 Nov, 15 at 9:05 pm

              Yes, apostiled is necessary if sending docs by mail.
              For apostile, you have to visit your state’s secretary office. Search for state secretary office for your place of residence and you will find details.


              • Abhijeet
                Abhijeet 25 Nov, 15 at 8:38 am

                Thanks Anil.. is it mandatory to get draft ( which we will be printing on plain paper and get notarized ) approved from sub registrar in India before attesting it at Indian consulate? My lawyer is insisting on this so need to confirm.


                • Anil Gupta
                  Anil Gupta 25 Nov, 15 at 11:11 am

                  Notarization/registration from sub-registrar (or SDM) is needed only after attestation by Indian consulate.
                  You get everything done from US (including Indian Attestation), and then send it to India.

                  In India, your POA holder needs to get it registered (or notarized) by SDM office (not sub-registrar).

                  Let me know if you need more information.


  213. Sudha Baisantry
    Sudha Baisantry 20 Nov, 15 at 7:52 pm

    Hi Anil, Thanks for such a detailed write up. However I do have a query. You have mentioned that if we are visiting the consulate in person , the POA is NOT to be signed by the executant before and it needs to be done only in front of the embassy officials. .However, As per the Indian Embassy ( Chicago) instructions – all documents have to be notorized and apostiled before attestation by the embassy.– in order to get it notorized and apostiled , we have to sign the document in front of the notory and again at Secy of Sate office. Hence there will be 3 signatures in all – one in front of notory, 2nd during Apostiling and then 3rd at the Indian Embassy ? Thanks and Regards Sudha


    • Anil Gupta
      Anil Gupta 20 Nov, 15 at 9:50 pm

      Hi Sudha,
      Yes, you are right.
      Generally, notary does not require you to sign. Apostile might need you to sign.

      It is okay if you sign multiple times. Just make sure you have enough space on the page.

      In our case, notary did not ask us to sign and hence we only signed in front of NY embassy.


  214. MS
    MS 14 Nov, 15 at 7:39 am

    Hi Anil,

    Thank you very much for taking the time to list out the detailed steps. These instructions are much better than what’s available on the consulate website!

    I have a question. I am listing a person who is currently in the U.S. as the attorney. We both plan to go to the consulate together and get the POA attested. After that, to get it registered, can we simply mail the document to India and have someone take it to the appropriate office or does the attorney have to be present in India for that to happen? The reason why I ask is that there is limited time in India for the attorney and the sooner it is registered, the better it would be for doing the necessary steps in India.

    Thanks again,
    MS


    • Anil Gupta
      Anil Gupta 15 Nov, 15 at 6:18 am

      Hi MS,
      1. Your attorney should have a valid address proof in India.
      2. The attorney has to be present to sign in front of SDM while registering the POA in India.
      Plan accordingly.


  215. ramya nair
    ramya nair 3 Nov, 15 at 8:47 am

    Hello Sir.. my husband and I are in the process of buying an apartment in India. My husband is currently in US, We want the builders to create the sale agreement document in his name as he will be availing for home loan…Can we do that with a POA?

    Also my husband’s I94 has expired and he is applied for extension. The petition is filed but it is yet to be approved. I see in documentation that they are looking for Valid VISA documents. Will the petition extension receipt work?


    • Anil Gupta
      Anil Gupta 3 Nov, 15 at 12:13 pm

      Hi Ramya,
      1. Yes, you can get the sale agreement made on his name with POA.
      2. Yes, you can use the extension papers to prove that you are legally staying in USA and have NRI status.


      • ramya nair
        ramya nair 3 Nov, 15 at 10:39 pm

        Thanks Anil.. Few more questions..
        1. If my husband is not going in person to the embassy, how do we pay for the attestation?
        2. Can we call the Indian embassy office for any clarification?
        3. Also do you know how long it will take for the embassy to send back the attested copy? My husband stays in Columbus, Ohio.
        4. Also, I hear from some people that attestation of POA from embassy is not mandatory and that it can be done in bank notary itself. Any insight on this?
        Thanks for your time..


        • Anil Gupta
          Anil Gupta 4 Nov, 15 at 10:30 am

          1. You have to get a banker’s check. This is different than your standard check. You can understand in Indian terms as Demand Draft. You can get it from any bank after paying a nominal fee.
          2. Yes, you can call their customer care.
          3. There is no specific timeline that you can rely on. I would advise you to keep 15 business days in mind + transit time.
          4. It depends on the purpose of your POA and the third party (in your case, the builder). If the builder is OKAY with bank notary attestation, you can go ahead with it. Just ask your builder and proceed accordingly.

          But, normally, for property matters, builder would ask for a REGISTERED POA. And to get a registered POA, it has to be attested by Indian embassy.


  216. Charan
    Charan 29 Oct, 15 at 3:18 pm

    Hi Anil, is it ok to have spouse as a witness or should it be a friend ?


    • Anil Gupta
      Anil Gupta 29 Oct, 15 at 4:42 pm

      Anyone with a valid US issued photo ID card can be a witness including your spouse.


      • Charan
        Charan 29 Oct, 15 at 4:44 pm

        Thank you.


  217. mk
    mk 29 Oct, 15 at 7:59 am

    Get the notarized POA Apostile can you pls explain and do i need to send consulate form also with my original POA to ( Apostile) state secretory officer ?


    • Anil Gupta
      Anil Gupta 29 Oct, 15 at 8:07 am

      No, you do not need to send consulate form for apostile.
      Apostile is only needed for the POA. Consulate form is needed for applying in Indian Embassy only.


  218. mk
    mk 29 Oct, 15 at 7:57 am

    Get the notarized POA Apostile can you pls explain and do i need to send consulate form also with my original POA ?


  219. mk
    mk 29 Oct, 15 at 7:54 am

    Hi Hi anil husband giving POA to wife for register property in india .both live in USA ..using by mail process .Do wife also need to send original passport along with husband passport to consulate and same document from my wife also like H1 H4 her driver licences , or my document is will be fine i don’t need to send her document coz i am applicant.


  220. mk
    mk 29 Oct, 15 at 7:48 am

    thank you anil


    • Anil Gupta
      Anil Gupta 29 Oct, 15 at 8:07 am

      You are welcome.


  221. Kalyani N
    Kalyani N 28 Oct, 15 at 8:32 pm

    Hello,
    Thanks a ton for the detailed information. I am in the USA (NH, New York consulate) on L2 Visa since 2 months. For buying a property in India, I am planning to give a special GPA to my father. A few questions in this regard:-
    1. I have the GPA template with me, specially drafted by a lawyer in India for this purpose. This runs into 4 sheets and according to the procedure, my signature is required on all the sheets. I understand that all the 4 signatures have to be notarized (plan is to mail the consulate). Will the consulate also treat this as 4 attestations and charge accordingly (23*4)?

    2. This is a single executant (myself) case. Can my husband be one of the witnesses?

    3. I do not have any address proof of current address (USA) in my name. The DL, bank account and rental agreement are all in my husband’s name, who’s the L1 Visa holder. So, how do I go about fulfilling the “proof of address” condition?
    Thanks in advance for your response.


    • Anil Gupta
      Anil Gupta 28 Oct, 15 at 8:39 pm

      Hi Kalyani,
      1. As per the FAQ given above :
      http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#fee-per-attestation

      NY embassy only charges fees per document and not by number of pages.

      2. Yes, your husband can be a witness.
      3. You need to have an address proof. The easiest way is to add your name in the rental lease agreement.
      Others are: Get a bank account opened or aa open a joint bank account.


    • Kalyani N
      Kalyani N 29 Oct, 15 at 12:23 pm

      Thanks for the quick response. Couple more:-
      1. Does the notary check for a proof of address in my name? My dad says this step alone should be sufficient for him to get the POA registered at Bangalore. The builder here is not specific on this.

      2. And if I still have to go through steps 2 (apostille) and 3(consulate), my plan is to mail the docs to the consulate. I understand that the relevant docs should be accompanied by original passport or of late, have you mentioned that a notarized photocopy would do? Got a little confused..


      • Anil Gupta
        Anil Gupta 29 Oct, 15 at 1:03 pm

        1. Notary will check your photo ID. It can be your passport as well. The registered POA requirement varies with the institution that you are dealing with.
        If your builder is okay with notarized one and can get the apartment registered on your name, you can avoid the Indian consulate attestation.
        Check with your builder for this.
        2. If you want to send the docs by mail, you can send the notarized copy of your passport as well.


  222. mk
    mk 28 Oct, 15 at 12:49 pm

    Hi anil husband giving POA to wife for register property in india .both live in USA ..using by mail process .Do wife also need to send original passport along with husband passport to consulate ? with in the month wife is traveling to india little concern air tiket is booked too …worried about passport not reach on time than ? thank you


    • Anil Gupta
      Anil Gupta 28 Oct, 15 at 12:59 pm

      Hi mk,
      It is better to visit the embassy/consulate in person. They just attest and return the same day.
      Yes, wife’s passport is also needed.


  223. Sanatkumar
    Sanatkumar 27 Oct, 15 at 11:47 am

    I am purchasing a car in Pune. I am staying in a rented flat whose owner is in US and I have only a notarized rent agreement which does not work. I am asking him to give POA to his wife who is in India so that we can make a registered rent agreement. If my landlord makes the POA in his wife’s name, can he send me the scanned copy or fax it? Is it accepted at sub-registrar office to make registered rent agreement?

    Thanks
    Sanatkumar


    • Anil Gupta
      Anil Gupta 27 Oct, 15 at 11:53 am

      As far as i know, registrar office will only accept registered POA.
      And to register a POA, your landlord would have to do lot of things as mentioned above.

      Also, scanned or fax copies of POA do not work. It should be an original copy.


  224. Anuj
    Anuj 23 Oct, 15 at 12:32 pm

    Hi Anil,
    1. For Sending POA by mail, we need to send POA copy too, so should that need to be notarize for 2 witness or we can just take print of 1st main copy on which 2 witness signed and send?
    2. Do i need to send original passport?

    Thanks,
    Anuj


    • Anil Gupta
      Anil Gupta 23 Oct, 15 at 1:13 pm

      Hi Anuj,
      1. No print is allowed. Make two copies and get both of them signed by Notary.
      2. Get the passport copy notarized. Don’t send original passport.


  225. Vask
    Vask 21 Oct, 15 at 7:31 pm

    Hi Anil,

    Your blog is really very helpful. I have following questions about POA.

    We live in New York, I am US passport holder and I wanted to give POA to my who is also a US citizen to sell property in India.

    1. Do I and both witnesses need to sign while getting is notarized before sending it for Apostile ? OR Only the witnesses need to sign when getting it notarized for Apostile purposes ?

    2. Can my son be one of the witnesses ?

    3. Would the Indian consulate attest the power of Attorney if it was already signed by me while notarizing ?

    4. Would the New York Power of Attorney created on http://www.Lawdepot.com work for selling property in India ?

    5. Would you suggest a Sample POA for selling property in India ?

    Thanks


    • Anil Gupta
      Anil Gupta 23 Oct, 15 at 9:03 am

      Hi Vask,
      1. Yes, you should both sign before sending it for Apostile.
      2. Yes, you son can be a witness. The only requirement is to have a valid US identity card (driving license or any other ID proof).
      3. Yes, they will attest. I think they will most probably ask you to sign once again. So, make sure you have enough space left for it.
      4. Power of Attorney has no specific format. I can’t comment on specific ones provided by any website. You should make sure that you write (in simple english) what you want to share as powers with the poa holder. That’s it. Assume that you are writing a letter to someone in India and draft the content.
      5. The sample POA shared above can work for you. You just need to add one line saying that ‘you are granting rights to POA holder to sell property on your behalf’.

      Let me know if you need more information.


  226. Puneet
    Puneet 3 Oct, 15 at 10:21 am

    Hi Anil,

    Firstly, very informative blog.

    We live in Minneapolis. We are buying a apartment in bangalore and need to give my father the POA for the registration process and all that.

    Iam sure there are no Indian consulate around here. In that case, how do we approach?

    Regards,

    Puneet


    • Anil Gupta
      Anil Gupta 3 Oct, 15 at 11:00 am

      Your state’s jurisdiction is Chicago Indian embassy.
      Your can either send your docs by mail or visit in person.

      Visiting is person is faster and more reliable.


      • Puneet
        Puneet 3 Oct, 15 at 11:07 am

        Thanks Ani. Appreciate your quick reply. Another question, though. My builder tokd me BBMP charges for registration are increasing this month 15th. The apartment is still in pillar stage. He was suggesting we register the property before 15th, so that we save 60-70k in reg charges. Is this a norm? Is this something commonly happening? Thanks again!


        • Anil Gupta
          Anil Gupta 3 Oct, 15 at 12:00 pm

          Each state has its own rules. I have no idea about BBMP.

          In other states like Delhi or Haryana, they even register the property unless it is fully completed.


  227. S K GIRHOTRA
    S K GIRHOTRA 29 Sep, 15 at 7:47 am

    This provides for wonderful information on the attendant issues of POA. My brother in law and his wife are staying in Edmonton canada. They have to execute a POA in favour of my wife i e sister of my brother in law. However there is no Embassy/consulate office in Edmonton which are located in Vancouver. How to go about this. Do the executants & witnesses need to visit Vancouver or a simple attestation from a notary would do.


    • Anil Gupta
      Anil Gupta 29 Sep, 15 at 8:56 am

      It depends on the purpose of PoA.
      You have to check with the PoA requester to know what is acceptable.

      If it is for property matter (like taking possession, registration, selling or buying), you would need Indian Embassy’s attestation.
      If it is for Bank’s purpose (like signing loan papers, managing bank account etc.), some of them accept the notarized PoA too. But, it really depends on individual bank’s policies. You have to check with them.


  228. Charan
    Charan 28 Sep, 15 at 11:31 am

    Hi Anil,

    should the person to whom I am going to assign the power of attorney – sign before I take it for attestation to the Indian embassy in NY ? I am asking this because I would like to know if that person needs to sign and send me the paper from India or can I start the process from here and get it attested and then send it to India ?


    • Anil Gupta
      Anil Gupta 28 Sep, 15 at 11:33 am

      No, That person (the POA holder), does not need to sign.
      They would need to sign when they go for registering the POA in India in the SDM office.

      Till then, only you and witnesses need to sign and get it attested from Indian Embassy.

      Does that answer your question?


      • Charan
        Charan 28 Sep, 15 at 3:00 pm

        yes, thanks Anil – because the GPA format specified requires 100 Rs. revenue stamp and POA’s signature – so I don’t need to get that done first, correct ? I can just get the attestation and then send it to India ?


        • Anil Gupta
          Anil Gupta 28 Sep, 15 at 5:30 pm

          What is the purpose of your POA here?
          If it needs to be on Stamp paper, then please ask the POA format provider about what the specific requirement of signatures.

          Normal POA does not need stamp paper.


          • Charan
            Charan 28 Sep, 15 at 6:54 pm

            They gave 2 options. One is to just paste 100 rupees stamp or the option is to document it in a 100 rupees stamp paper. I thought it is easy to put the revenue stamp , but I am confused if my poa needs to do that first and send it to me for embassy attestation or can I just get the attestation. I am trying to get a general poa.


            • Anil Gupta
              Anil Gupta 29 Sep, 15 at 5:29 am

              Does not matter if it is general PoA or special PoA, you do not need a stamp paper or revenue stamp.
              Just plain paper is sufficient.

              Looks like the format provider has any specific requirements and hence is asking for stamp paper.
              Double check with them about the PoA holder signature as well.

              Normally, PoA holder is only required to sign while registering it in India.


  229. Rohan Mani
    Rohan Mani 21 Sep, 15 at 11:45 am

    Anil, I had sent a POA to my FIL in Kolkata. When he went to SDM office they said they will have to reverify with the Embassy in Washington that the POA notarization was authentic. Is it another ploy for bribe or real issue? Thanks.


    • Anil Gupta
      Anil Gupta 21 Sep, 15 at 12:02 pm

      Hi Rohan,
      Yes, it sounds like a ploy to ask for bribe.
      Did you ask about how will they verify and how much time it will take?

      The POA has all the Embassy’s stamps. In our case, SDM did not asked about verification but delayed the process for 1.5 months and ultimately asked for money for signing!