Attestation of Power of Attorney at Indian Consulate – USA

Anil Gupta  18 Feb, 19      876  India USA

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).

Attestation of Power of Attorney by Indian Embassy (New York, Washington DC, Houston, San Francisco, Atlanta, Chicago) in USA can be done by post or in-person.

Documents for Attestation of Power of Attorney

  1. Miscellaneous services form. Each Indian embassy their own 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. It could be bank statement, driving license, utility bill, Home lease agreement etc.
  4. Valid Visa copy – H1, H4, L1 etc – Remember B1/B2 is not considered valid for creating POA.
  5. Original Visa petition approval notice i797 or proof of pending extension.
  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.

Related: How to get Indian police clearance certificate from Indian Embassy

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.

Related: Renew India Passport In USA after 10 years – Step by step process

#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 Apace on Top of POA Page?

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

Use General or Special PoA for Purchasing Flat in India?

Normally, the developer/builder would require a special power of attorney for the property dealings specifically meant to serve that particular property/flat.
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

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.

   Read all 876 Q & A

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  1. 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.

  2. 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   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.

  3. 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   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   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.


        • 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.

  4. shaista Tarannum   14 Feb, 19 at 8:29 am

    Hello
    I am currently in USA and i need to give GPA to my family member for the sale of family property. can i notarize the GPA which was drafted in India from officer in any USA bank (like bank of America) or its must to get attestation from the Indian Embassy for the GPA to be considered as valid in the sub registrar office India. please answer is greatly appreciated


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


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

    • 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.

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