Attestation of Power of Attorney at Indian Consulate – USA

By Anil Gupta, 541  Finance

Attestation of Power Of Attorney At Indian Consulate is a pre-requisite to get a POA registered in India for property management. Here is the list of steps.


Attestation of power of attorney is NOT same as registration of power of attorney. These are two separate things and attestation is a pre-requisite to registration, if you are outside India i.e. you are an NRI (non-resident Indian).

This article is aimed at listing the steps required to create and get the Power Of Attorney (POA) attested by Indian Embassy, if you are outside India. This is only for people who are NRI (non-resident Indian holding Indian passport).

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.

The steps are applicable even if you are NOT an NRI yet i.e. have not completed 180 days outside India.

I myself have gone through this process as I am currently residing in USA and had the need to take the possession of a flat in India. I visited Consulate General of India in New York.


1. Sample Power of Attorney for property Management in India


Write down POA (2 Copies):

Take a plain piece of paper (No Stamp paper required) and write down the POA terms and conditions. The terms and conditions should list out what all powers you want to share with the POA holder.

Here is a sample POA template that I used for taking the possession of my apartment in Gurgaon, India. It has all the clauses to share apartment possession and rental rights. Just replace the placeholders with your own case and you are good to go.

SPECIAL POWER OF ATTORNEYSample
WHEREAS I/We, [Executant1 e.g. Anil Gupta] and [Executant2 e.g. Pooja Gupta],
presently residing at [YOUR CURRENT RESIDENCE ADDRESS (write outside India address if you are not in India – e.g. 123 river rd, MA, USA]
and [BUILDER/COMPANY NAME WITH ADDRESS- e.g. M/s UNITECH Pvt Ltd., New Delhi] (here in referred to as ‘Company/Corporation’).I/We jointly approached company/corporation to purchase an apartment and company/corporation agreed to sell the apartment number
[EXACT FLAT NUMBER – e.g. A101] in the [PROJECT NAME AND ADDRESS e.g. ABC project, Sector 11, Gurgaon, Haryana].

The apartment has the size of [AREA e.g. 1200] Sq. Ft. with [NUMBER e.g. 1] open car parking at the rate of INR [PURCHASE PRICE] per Sq. Ft.

Now, I/We the above described as [Executant1 e.g. Anil Gupta] and [Executant2 e.g. Pooja Gupta] do hereby appoint, nominate and substitute [NAME OF POA HOLDER e.g. ABC SHARMA] resident of
[POA HOLDER’s ADDRESS IN INDIA – e.g. 111, Old road, Delhi -110006] as and to be my/our true and lawful attorney,
for me/our in my/our name and on my/our behalf to do the following acts:

To sign, execute any deed for receiving the possession of the said apartment described above on my/our behalf and to execute any other document necessary to accomplish the aforesaid purpose.
To represent me/us in the office of [BUILDER/COMPANY NAME WITH ADDRESS- e.g. M/s UNITECH Pvt Ltd., New Delhi] to make payment of the balance sale price and all the amounts due and payable under the said agreement, to sign and deliver any letter, document and/or representation in connection with the possession of said apartment.
To represent me/us and sign on our behalf in the office of the sub-registrar for the purpose of registering the property and pay the requisite stamp duty to government.
To represent me/us for the purpose of renting out the apartment, receive the rent and sign the necessary documents with the [PROJECT NAME] RWA (Resident welfare association) as applicable.
And I/us do hereby agree and undertake to ratify, confirm and be bound by what me/our said attorney shall or purport to do or cause to be done by virtue of those present as if the same have been done by me/us personally.

Sample of Attested Power Of Attorney In Consulate Of India - New York

Sample of Attested Power Of Attorney In Consulate Of India – New York. Click to enlarge the image.

See Also: H4 EAD application and documents list for H1B dependent’s work permit

Attestation of Power Of Attorney At Indian Consulate

Attestation of Power Of Attorney At Indian Consulate

 


2. Notarization of Power of Attorney


There are 2 witness signatures required for attestation of Power of attorney. You can either take these 2 witnesses to the Indian Embassy with you or decide to get their signatures and then visit embassy alone.

  1. Witnesses cannot go to Indian Consulate with you?
    If yes,then take signatures of 2 witnesses on this POA. These signatures should be notarized and hence the witnesses need to sign it in presence of Notary.

    Note: Original signatures and notarization is required on both copies as one will be kept by Indian consulate for their records.

  2. 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.
  3. You should NOT sign the POA yet. It is to be done in front of Indian consulate.
  4. If your witnesses CAN go to Indian consulate with you, there is NO need to get the notarization.

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

 


3. Attestation of ‘Power of Attorney’ at Indian Consulate / Embassy


Collect documentary proof required for Attestation of Power of Attorney
  1. Original Passport + Copies of all non-blank pages including first and last page.
  2. Copy of Address proof in USA – 1 address proof is required. It could be bank statement, driving license, utility bill, Home lease agreement etc.
  3. Valid Visa copy – H1, H4, L1 etc – Remember B1/B2 is not considered valid for creating POA.
  4. Original visa petition approval notice.
  5. Original i94 + Copies – In case of electronic i94, just take the print-out with you.
  6. 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.

Visiting Indian Consulate office in person? If yes
  1. Do NOT sign the POA with YOUR signature as you need to do it in front of Indian Consulate.
  2. You should either have 2 witness travel with you to embassy or have the notarized POA, as explained above.
  3. Apostile There is no Apostile needed if you are applying in person with an exception of Indian Embassy at SFO (San Francisco) and Chicago.

    POA should be Apostiled irrespective of applying in person or by mail, in case of Indian Embassy at San Francisco (SFO), California and Chicago.

  4. Reach the Indian consulate and fill up the miscellaneous services form.
  5. There is a specific window of time at each embassy office within which they accept the application. It is normally between 9 AM to 11 AM. Check you location’s timings before visiting.

    Also, 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 original passports.

  6. Your original POA (2 copies) and original passport would be taken up by the consulate officer after making you sign in front of him. Deposit the fees and you will most probably be asked to come back after 12 PM (afternoon) to collect the documents.In New York embassy, they do ask to collect documents later.
  7. Show the receipt and collect the attested POA and your passport. You are all set.

Want to send POA by mail for attestation by Indian Consulate?
  1. You need to get all the signatures (2 witness + your own) notarized.
  2. Get the notarized POA Apostile-d. This term may sound tough but it simply means that you need to get the documents registered in your state (the one you are residing currently in USA) secretary’s office.You have to look for this process in your specific state’s secretary’s office. It is not a complex process but you may need to take prior appointment in secretary’s office.
  3. 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.

 


4. Registration of ‘Attested Power of Attorney’ in India


  1. Send the original attested POA to India: Registration of ‘attested POA’ can only be done in India. You have to send the POA to your Indian counterpart i.e. the person whom you have selected to represent you in POA.I am sure you would like to send it by registered, track-able and reliable mail service!
  2. The complete steps to register this POA are explained in this separate article here..
  3. Once registered, the POA can now be termed as ‘Registered Power Of Attorney’. Take a deep breath. You are done!

 


5. Frequently Asked Questions


Is the fee of $20 per attestation per signature applicable individually for each page of the POA document (i.e. if I have 5 page document with 2 executants then 5*2*$20 = $200) ?


No, the signature cost is applicable for whole POA irrespective of number of pages and number of executants.

So, for your example – you would be charged: (1 * 1 * 20 = $20).

Indian consulate also charges $3 for Indian development fund with each service they offer.
Hence, the final cost comes to around 20+3 = $23 here.

Here is the receipt of my own POA. In my case, we had 2 executants with 1 page of POA.

The sample POA with 2 signatures (me and my wife) was attested by Indian consulate New York with fees of $23.

Indian consulate new york power of attorney fees receipt

Indian consulate new york power of attorney fees receipt

Update 29 Apr 2015:


As per one of our guest’s experience with Indian Embassy at Washington, they charge the fees per signature attestation. This is different than how New York Embassy charges.

This means that if you have 2 Executants in the POA, you have to pay 23*2 = $46.


Is it mandatory to leave blank space on top of each page of POA?


No, I don’t think so. I did not leave any blank space on top of the POA page ans still got it attested and registered.


If we do not take witnesses with us to the embassy, then can we get their signature in front of Notary, and then carry the POA to embassy/consulate? In this case only the witnesses should sign the document and we have to leave executant signature space blank, right?


Yes, you understanding is right. Notarization of witness signature would work.


Is the power of attorney document needed to be on a stamp paper or the plain paper?


There is no need to write POA on stamp paper. Plain paper works fine.


Since I plan to apply in person, do I need any documents notarized?


No, there is no need to get the documents notarized except the witness signatures on POA. Read the article above to know more about it.


Do you know if i should take a general power of attorney or the special power of attorney for purchasing a flat in India? I’m giving the power of attorney to my parents.


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.


Is Embossing the Power of Attorney same as Notarization and attestation by Indian consulate/Embassy?


Embossing is part of Notarization process. But, Notarization and Attestation by Indian consulate are two different things.While the notarization is also a kind of attestation of you document by Notary itself, the two terms are used differently in the context of Power of Attorney.
Notarization here means to get the POA certified (signed), embossing of paper and stamped.

Embossing is the process of creating raised relief images and designs in the paper to make the original copy tamper proof. This helps in case someone tries to make a photo-copy of the original document. The embossed paper stamp would not be copied over!

Here is a sample of what embossing looks like:

Embossed notary public seal

Embossed notary public seal on Power Of Attorney.

Please note that embossing is not mandatory but, it is always a good idea to have it. Some government departments may or may not ask for it specifically.
Just ask your notary to do this embossing while he is signing the POA.

It has to be done by the same person who is signing the POA in the capacity of notary public.


Can we use ONLY notarized POA in India (No Indian Embassy attestation)?


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

I know few people who have got their simple notarized POA (in USA) to work for procuring a home loan with a government sector bank in India. In this case, they did not get it attested from Indian Embassy.

In other cases like mine, I had the specific purpose of taking the possession of the apartment and the builder demanded specific ‘registered POA’.

So, the best option is to ask the end user of the POA about the requirements. If they are okay with the simple notarized POA, you can skip the Indian Embassy attestation.



Have more questions?
Please use the comments section below to ask your question. I would try to answer to the best of my knowledge and experience.

  • isha

    Great post! I am a US citizen now and the process gets even more complicated for me.

    -“Attestation of Power of Attorney” (for a US citizen who obviously has US passport) by Consulate general of India in NY needs a notarized POA to be “apostilled” by Office of NY Secretary of State first.

    -And for that to happen, the notarized POA has to be “certified” at County Clerk’s office first.

    -And for that I have to start with “notarization” of simple POA by notary public first.

    -And for notarization of simple POA, I’d obviously have to start with “writing a POA” first.

  • Hi Isha,
    Thanks for sharing this information. I am not yet a US citizen and hence have not gone through this process.
    But, the steps you have mentioned sound pretty logical to me.

    I would try to find the exact steps and would write an article.
    Thanks once again for sharing the useful information.

  • Vaishali Devapur

    Hi, Thanks for sharing the info abt POA…we are going to do the POA attestation soon.
    One question regarding witness signature, where in US/NJ can I get notorized?

  • Hi Vaishali,

    Well, your town’s library or your Bank (most famous is Bank of America) and your own office (Almost all have notaries on their payroll) are the FREE options that I know and have utilized.

    The paid ones (like USPS postal shops/offices and others) should cost you around $5+ per page. So, to make it economical, use the free ones.

    Does that answer your question?

  • Vaishali Devapur

    Sure this helped clarify regarding my query, thanks!
    Also, I have POA format from my builder side, it differs from the sample you shown, that should be okay or is this the stad format, i can mail u d format if needed…

  • It is okay to use whatever format you have. There is no specific format defined by government.
    The one above is what I wrote myself since there was nothing substantial available online.

    The Indian consulate does not bother about the format. As a matter of fact, they did not even read it in front of me. Not sure if they verify it internally for the contents or not.
    The builder would have already mentioned the clauses that it requires for handling the legal matters. So, you should be okay using the format you have.

  • Vaishali Devapur

    Ok got it! N thanks a ton for the help…!

  • Jiwan Kataria

    HI Anil,
    My son in law NRI, has sent me POA duly notarized in my favour for filing of a court case on his behalf.. My advocate has asked to me get the POA embossed at US. What is embossing. Is that enough. Then there is no need of attestation at Indian Embassy as advised by you. Is it possible to get the POA EMBOSSED in India.

  • Hi Jiwan,
    I have added the embossing question in the article above with a sample of what it looks like.
    It is done by the Notary here is USA. It is just a kind of dye that creates a stamp on the piece of paper, to mark it as original copy.
    The person who signs as Notary does it.

    I don’t think if embossing in India would work if the notary signature was taken in USA. It has to be done by same Notary as the embossed text has name and location of the Notary guy.

    Also, attestation by Indian consulate is mandatory in property cases. I am not sure if its required in case of court cases. You have to consult your lawyer for it.
    If they demand an attested one, then the process to visit Indian embassy would be same as mentioned in above article.

    Does that answer help?

  • vivek agarwal

    RESPECTED ANIL JEE

    SOMEBODY FROM LOA, USA GAVE ME A NOTARIZED POWER ON 23RD JANUARY 2008 TO SELL HIS PROPERTY IN KOLKATA. THE SEAL OF NOTARY OFFICER EMBOSSED MY COMMISION EXPIRED ON 03.05.2009. NOW PARTY AND HIS ADVOCATE OF KOLKATA, INDIA TELLING ME THE POWER OF ATTORNEY IS ALREADY EXPIRED ON 03.05.2009. IS IT TRUE THAT AFTER EXPIRY OF NOTARY OFFICER’S COMMISSION THE VALIDITY OF POWER OF ATTORNEY IS EXPIRED OR INVALID ?

    VIVEK AGARWAL

    09831835000

    EMAIL. vivekagarwa30@gmail.com

    please help me by giving proper guidance

  • Hi Vivek,
    I do not think that POA’s validity expires with the notary stamp. I am using my POA even after the notary stamp has expired.
    The notary’s expiration just says that it is the last date that the concerned Notary person has the authorization to notarize documents. It has no relation with the POA’s validity date.

    The POA’s validity and expiring date is determined by the POA executants Have they mentioned the date explicitly in the POA to expire? If not, then it is valid until they explicitly withdraw the POA.

  • sm

    Hi Isha,
    Can you tell the details of what you had to do? I am in the same situation?

  • Hardik Anil Chheda

    Hi Anil, Thanks for sharing this information. I am about to do this myself and had a quick question. When did you get this done? Was it fairly recent? Have the rules changed now? The Indian Embassy website for SF says that the PoA needs to be apostilled by Secretary of State first before they can attest it. Is that true?

  • Hi Hardik,

    I got this done in May 2014.

    As far rules are concerned, the irony is that each individual Indian embassy has some different rules and documentation requirements. My case was processed in New York and they don’t need the state secretary’s attestation.

    I think the different rules are probably because of different US state specific laws.

    I have heard that in case of San Francisco, you do need to get it apostiled by Secretary of state. It should not be a big issue. You just need to take an appointment and it would be done within 15 minutes.

    Check out this guys experience for san francisco:
    http://chandan-pitta.blogspot.com/2010/01/attesting-general-power-of-attorney-in.html

    Let me know if you need more information.

  • Hardik Anil Chheda

    Yes, that blog is the 1st one which I found when I was looking for PoA attestation at SF Embassy and then I saw yours and it made me wonder if apostille is required or not. I think SF Consulate needs it. I will let you know about experience after I go through the entire thing this week. Thanks!

  • Sure. All the best.

  • chandan

    Hi Anil, Amazing article. I have one question. Normally, the beneficiary also signs on the PoA. Now if my beneficiary is in India, should he sign and send it to me and then I go to embassy? Or I get the POA attested at the embassy and send it back to India?

  • Hi Chandan,
    No, there is no need to get the beneficiary’s signature while going to Embassy.
    The beneficiary will sign at the time of registering the POA at SDM office in India.

    Just get the POA attested by Indian Embassy and send it to India. The sample POA image that I have shared is what I used. You can refer it for more information.

  • Shri

    Hi Anil,

    I had no witnesses to go to Indian Embassy with me. So, I went to UPS to notarize their signature. However, the notary officer asked me the to sign on the POA there itself. Is it fine to take the POA for attestation to Indian embassy and sign in front of the consulate again?

  • Yes. Signing again is not an issue. Go ahead and get it attested.
    When I got it notarized, I told the notary that I need to sign in front of consulate only and he agreed. But, I don’t think signing again would be an issue.

    Let me know if you need more information.

  • Shri

    Thanks for a quick turnaround, Anil !!!

  • Shri

    I told the same to notary but he did not agree on that. He wanted me to sign in front oh him.

  • You are welcome Shri.

  • hanish

    Should I need to put my signature in all the pages of Power of Attorney document before sending it to Indian consulate for attestation in case if you are sending it through mail.

  • Yes, you should sign all pages.

    Are you sure you want to send them by post to embassy? You would need to get it apostiled too if sending by mail.

    As per my experience, getting attestation done in person is faster and easier. Rest is your choice.

  • Thats ok. you can sign again then.

  • Magesh

    Hi Anil,

    my question is who can be a witness? witness should be of US Citezen or any NRI can witness me?

  • Both can witness i.e. either NRI or US citizen can be a witness. The only requirement is that they should have a valid US address and Identification card.

    Notary would demand to see the identification for witness (Normally a driving license).

    I got my friends in Office to serve as witness (both are NRI and still working on H1b visa).

  • Anin

    Hi Anil, You are very helpful. Thanks for sharing. I have a question, my POA doc is 5 pages long and myself and my wife both are the executor. I understand all the pages must be signed, so do all 4 (2 executor + 2 witness) need to sign all the pages or only 2 executor in all the pages and witness signature only on the last page? Also, does all the signature in all pages need to be notarized or only the last page signatures? Thanks and appreciate your help!!

  • Although, I am not an expert but I think both executor and witness should sign all the papers. Also, all the papers should be notarized individually.

    The reason being, if you just get the notary and witness signs on the last page (even though executors sign all pages), you can pretty much CHANGE the non-notarized and non-witnessed pages later. This effectively dissolves the security aspect and the purpose of this POA. Notary and attestation are needed to make it tamper proof and when you skip couple of pages, you are leaving a hole.

    If this POA is specifically for dealing in property matters in India, it would need to be registered too. And I think that they would need all pages to be notarized, attested by Indian consulate and then registered. Government office in India would keep a copy of the POA for future reference.

    Does that make sense?

  • Anin

    Thanks a ton Anil. It absolutely make sense.
    This is regarding buying a property in India and I guess once the attestation from Indian consulate is done, the POA can be sent to India and registration of the attested POA document has to be done in India. If you can kindly clarify that as well. Thanks again.

  • Hi Anin,

    I have written a separate article on how to get the attested POA registered in India. It goes through the experience we had in Delhi. Here is the whole story:
    http://www.am22tech.com/registered-power-of-attorney-in-india/#register-attested-poa-nri

    Let me know if you need more information.

  • Anin

    Amazing. Thanks a ton man and much appreciated!!

  • You are welcome Anin.

  • Tanisha Sahu

    Hi.. Anil.. thanks for the information. I have just one question. I have Australian passport and hold OCI and have property in India. Currently I am in US. Is it possible for me to give POA to my dad from Indian embassy??

  • Hi Tanisha,

    Yes, You can give the POA.
    But the process would involve a couple of more steps for the POA to be acceptable in India.

    This is what a US citizen would have to do (Indian origin). This information was shared by one of our guest Isha from USA.
    ———————————————————————————————————–
    -“Attestation of Power of Attorney” (for a US citizen who obviously has US passport) by Consulate general of India in NY needs a notarized POA to be “apostilled” by Office of NY Secretary of State first.

    -And for that to happen, the notarized POA has to be “certified” at County Clerk’s office first.

    -And for that I have to start with “notarization” of simple POA by notary public first.

    -And for notarization of simple POA, I’d obviously have to start with “writing a POA” first.

    —————————————————————————————————————–
    The same process should be applicable in Australia too.

    Generally, the rule of thumb is to get it certified from your country of residence’s government. This extra step is applicable when you don’t hold Indian passport anymore. The notary and Indian embassy are second and third step in the process. You will have to get it done in Australia.

  • Tanisha Sahu

    Thanks for the reply. But I am staying in US currently. Do I need to go to Australian embassy to do it??

  • I am not an expert in this matter, but I still think that your Australian passport would only be recognized for legal POA by Australian Embassy only (for the purpose of attestation before going to Indian embassy).

  • Anin

    Hi Anil, how are you? Sorry to bother you again. I tried calling Indian Consulate NY this morning to get some clarifications, however, its so difficult to reach out to them. So, I am looking for some advice from you 🙂
    My self (executor 1) and my wife (executor 2) both will give POA to my father, and I am planning to visit NY Indian Consulate in person, however, my wife will not be available in person. So, I will get her signature notarized. Now my question is, under such a scenario, do I need to apostle the POA document? I do not mind doing that, to be on the safer side, but I am afraid that Indian consulate should not make that (that I am presenting in person and still the document apostilled) as an issue and keep harassing. Appreciate, if you please share your personal opinion. Thanks ton.

  • Hi Anin,
    As per my opinion, you would need your wife too to be present in Indian embassy, if she is an executor.

    You do NOT need APOSTILE for New York Embassy. Apotile is needed by San Francisco Indian Embassy.

    I myself got the POA attested by NY Indian Embassy and no Apostile was asked. ONly notarization is required for witness signature.

    Does that answer your question?

  • Anin

    Hi Anil, Thanks for your response and apology if I confused you. As per NY consulate instructions, if you go in person, no need to apostle. If sending through mail, the document needs to be apostle (even for NY Indian consulate also: http://www.indiacgny.org/pages.php?id=3)
    However, my situation is a mixed of these two situation; I will be in person but my wife will not be. I will have her notarized signature inn the POA though. So was my confusion if I should apostle or not!! 🙁
    Thanks and appreciate your help!!

  • Hi Anin,
    Yes, I agree with your point. In-fact, I have written in the above article that you would need Apostile if you do not go in person.

    To answer your question, you need to take your wife to Indian embassy.
    If your wife is not going, you need Apostile.
    Simple as that.

    Please note that Indian Embassy office is typical Indian government office. If you create scenarios which need some thinking, they would straight away deny. I have seen this kind of discussions while I was waiting in the Embassy.

    It is better to follow the rule of thumb and it would be easier to take your wife with you. Else, get it apostiled to save your trip and time.

    This is what I understand.

  • Anin

    That makes absolute sense, Anil. Thanks again for your kind cooperation and valuable advice 🙂

  • You are welcome Anin. Please note that I am not an expert on this matter. I am just sharing my own experience with attestation of POA and how I got it done.

    The scenario that you have may or may not be acceptable by Indian Embassy. You may like to double check with them before visiting Embassy.

  • sam

    The POI document I received from india has specific space provided for beneficiary’s signature, is it going to be an issue if I just leave the space blank?
    it says …

  • sam

    I accept the power

    _______________________
    (Signature of the Attorney)

    Attested by me

    _______________________
    (signature of the principal)

  • sam

    read POA not POI

  • Hi Sam,
    I have no experience with POI and can’t comment.

  • Avinash

    Hi Anil,

    Do we need Apostile for DC Embassy for General Power of Attorney? Also, I see that POA that I got in Word doc from bank have blank space on top of first page(40%), a total of two page doc, where as If I print It hardly there are space for photo graph for expectant at end of doc. Do We need space on top of first page? Also, Witness signature will be notarized on second page. Do they need to sign on first page as well? Can I take print out back to back? Need quick response. Thanks!!

  • Hi Avinash,

    1. As per my knowledge, Apostile is only needed for SF Indian consulate. DC should be fine without Apostile. You can read more about the rules on DC consulate website as well to double check.
    https://www.indianembassy.org/pages.php?id=23

    2. Space at top is ok. You can paste your pictures on top. I had no pre-defined format with me and hence used the space left at bottom of page. If this POA format has been sent by bank to you, it is ok.

    3. I think witness signatures are needed on all pages. If the bank is ok with only signature on one of the pages, you are fine. Please note that Indian embassy would not say anything about it. It is up-to you and the purpose of POA. There are no clear rules written anywhere in this respect.

    I would advice to get the witness sign on all pages to avoid any issues in India.

    4. Do not take back to back print out. If there are 2 pages, take two separate prints and get them signed by witness and attested.

    Let me know if you need more information.

  • Avinash

    Thanks a lot, Anil for response. It answers my queries. Thanks again!!

  • You are welcome Avinash.

  • Amit

    Hi Anil,

    Thanks for putting this up. Like you mine is a case of 2 executants – me & my wife. I am sending this to the SFO consulate and need your help in filling “application for miscellaneous services”

    1. Do both the executants need to fill in there details in this form (there is room for just 1)
    2. Do both need to paste there photo in this form
    3. Do we both need to provide proof of address(USA)

    Thanks for time on this.
    Amit

  • Hi Amit,
    1. Each one of you need to fill a separate form even though it is for a common POA. 1 person = 1 form.
    2. Yes, each has to paste his/her photo on his/her form.
    3. Yes, both need to provide proof of address. We provided driving license (both me and my wife) and had rental lease agreement as a back up.

    Let me know if you need more information.

  • Amit

    Hi Anil, Thanks once again.. will send the documents sometime next week.
    BTW they can’t complicate this any further.. sending the original passports and they still need notarized photocopy of the same .. only they know why.

    Thanks for your help.

  • You are welcome Amit.
    Do remember that SFO Indian consulate requires documents to be apostiled.
    This requirement is specific to SFO Indian embassy.

  • Manesh

    Hi Anil,
    Thanks a lot for writing this up. It cleared lot of confusion. I understand that you said any US resident with ID can be a witness. So if I am an executor, can my wife be the witness? She is with me in the US, and is under H1-B. She doesnt have any ID issued by the US government, but she does have an address proof (her bank statement). Do you think I can make her on of the witnesses?

  • Manesh

    Also the witness has to be an Indian (either US citizen or NRI) or I can take some non-Indian colleagues?

  • Hi Manesh,
    As per my opinion, your wife can be a witness if she is not an executor in the POA.
    But, she needs to have a photo ID issued in USA. Thats what I understand.
    The notary would ask for this photo ID.

  • It can be anyone with a valid photo ID issued by US government.

  • Manesh

    Thanks a lot for the response

  • You are welcome Manesh.

  • bpk kumar

    Hello Anil,

    I have a question. My wife want to give POA to her sister to sell a family property in India.

    A notary from India has created and send a POA on stamp paper including details about the property intended for sale. The last page has a place where she must sign.

    Do you know if this POA document needs to be Apostilled from office of secretary of state CA before going in person to Indian consulate at SFO ?.

    I wonder if the office of secretary of state will appostille this document since our POA document was issued from India. Please check this page http://www.sos.ca.gov/notary/authentication/ It states that The California Secretary of State authenticates signatures only on documents issued in the State of California signed by a notary public or the following public officials and their deputies.

    Please advise.

    Thanks

  • Arun

    Hey Anil, I am emailing all the documents for PoA attestation to Indian consulate SFO and got the original PoA notarized with two witness signature and got it apostilled by Secretary of state. I am looking for some clarity on below items and appreciate if you could help with that.
    1) SFO consulate website says – supporting documents ( i797, address proof etc ..) should be notarized. Far i know, notarizing in US is for your signature and they don’t validate the document for its authenticity or content. Wondering how can i get these documents notarized ? Thoughts ?

    2) Copy of the PoA (which is notarized with two witness and apostilled by Secretary of state). Should this document copy also needs to be notarized with the witness sign ?

    Thanks in advance for your help

  • Hi Arun,
    1. Yes, you need to get the suppprting documents also notarized, if you are sending all by mail. The notary would see the original copies and then stamp the photocopies along with his signature.

    2. In all, You have to make 2 copies of POA with all the witness signature and other formalities. One would be kept by embassy for their records and other will be returned to you with consulate stamp.

    Does that answer your question?

  • Hi BPK Kumar,

    I have no idea about this scenario.
    On the other hand, I don’t think you can give selling rights to anyone based on POA due to a supreme court order).

    I would suggest you to check with the SFO embassy. Normally, in SFO embassy, they ask you to get all the documents Apostiled before coming for any kind of Attestation.

  • bpk kumar

    Hi Anil,
    In this case a notary from India helped drafting this PoA on a stamp paper, (even though his stamp is not there). I hope a notary should be aware of this supreme court order. Do you suggest double checking this information with same notary in India ?

    Yes I will be get the document appostilled before sending to consulate for attestation.
    Thanks

  • Hi BPK Kumar,
    I would not rely on a ‘Notary’s’ words. In my case, a Notary in Gurgaon court did not even knew what a “registered” POA is and why is it even required. He just asked me to get it notarized from him on stamp paper.

    But, he was grossly incorrect as I found later.

    So, I would strongly suggest to consult the ‘office of registrar’ where you are going to register the property after selling. After all, everything would be okay if it is acceptable to ‘office of registrar’.

    I found out the whole process of ‘attestation’ and ‘registration’ of POA after visiting the ‘Office of registrar’ and ‘SDM’ office only. Nobody gave me any concrete information and none was documented anywhere (You know how India is).
    I just deduced everything after talking to various touts, notary and Lawyers sitting outside these offices.

    And as far as I know, selling a property on POA is not allowed at-least in Delhi.

  • Jayesh Kawli

    Hi Anil,

    Very useful information indeed. You really made it look like pretty easy process. One question though, process requires to have signatures of 2 witnesses on PoA application. Do they need to sign it at the same time? Will it be fine if first witness signs and then after at some other time another witness signs the application? In my case it seems difficult for both witnesses to be present at the same time due to nature of their work.

    Thanks in advance for your advice!

    Jayesh.

  • Hi Jayesh,
    It does not matter if you get both of them sign at once or separately.
    The only point to note is that you would need each one of them to be present in front of the Notary.

    Also, the notary would need their photo ID as a proof and would then attest their signature.

    It is advisable to keep the notary same for both the witness signatures.

  • Jayesh Kawli

    Great, Thanks a lot! Then it should be fine I believe. Also, process mentioned here is for attesting power of attorney for builder. The POA I am trying to attest is to apply for bank loan in India. Bank has provided with sample POA and it looks similar to one mentioned above. Is process exactly same as mentioned in this article? (Signatures of two witnesses in the presence of notary and visit to Indian consulate in person to attest it).

    Also, in case I am not able to visit consulate in person, how safe is it to send my original passport over to them by mail? (I’d rather spend few hundred dollars to take it to consulate myself. I am I being too skeptical here?)

  • Hi Jayesh,

    1. Yes, the process is same for all types of POA.

    2. Sending the documents and passport by mail is safe. If you have ever got your Indian passport renewed in USA, then you would have already experienced it (read my experience here: http://www.am22tech.com/renew-indian-passport-usa/).

    But remember, if you send the POA for attestation by mail, you would need to also get all the documents APOSTILED by secretary of US state.

    I would say that this would be an un-necessary step and it would be much easier to get it done in person.

  • Jayesh Kawli

    Thanks a lot Anil. Now reading your responses this process does not look so complicated at all. I will keep posting what happens with my case to help future applicants.

  • Sure. All the best.

  • Kartik

    Hi Anil,

    This is an amazingly well written blog and I am very much thankful for guiding us with your experience and knowledge.

    I have a couple of questions. Would be grateful if you could shed some light

    1. Regarding Apositlle (as so many people have asked). I see that you have mentioned that Apostille is ONLY required for SFO counsulate. However, for Chicago (which happens to be the counsulate for my state Missouri), I did a lot of research and couldn’t find much info. The site clearly states that “The Consulate will attest the documents only after they have been first notarized and then apostilled by the state authorities concerned in the US. Apostilling is done at the offices of the Secretary of State where the applicant resides”. Does this mean, I need to get apostilled? Is there anything wrong if I get apostilled? Please confirm.

    2. Regarding Witeness. I understand that if i get the witness to sign in front of the Notary and get the forms notaraized, I do not have to get the witnesses to the counsulate. However, after notarization, does the counsulate still ask for id proof of the witnesses? Please confirm if I need to get their id proof?

    Thanks in advance for your assistance.

  • Hi Kartik,
    Thanks for your kind words. I appreciate it. Coming to your questions,
    1. There is nothing wrong if you get the document Apostiled. It is just an extra step for you. That’s it.

    I was only aware of SFO till now. But, it looks like Chicago also has this condition.
    As a matter of fact, I got my POA attested from NY and they don’t have this Apostile condition. It depends a lot on state laws in USA.

    2. No. There is neither any need to carry witness ID proof nor will the consulate ask for it. Notarization of witness signature is good enough.

    Let me know if you need more information.

  • Kartik

    Thanks a lot for your quick response, Anil. I appreciate it. As you have mentioned, I have not yet signed my POA documents and intend to sign at the consulate. However, I have already filled the miscellaneous services form (not yet signed that either). Is it ok if i have already filled it or do I have to fill a fresh one at the consulate?

    Thanks again for your assistance.

  • Hi Kartik,
    It does not matter when you fill the miscellaneous services form. This form is just an application form and you can fill it at home as well to save time.

  • Kartik

    Thanks again Anil. You are awesome. Now, I have to renew my passport as well. I have not yet started the proceedings. Do you think it is possible for me to kill 2 birds with one stone while i’m going to counsulate in person. I am planning to go on Monday (April 6th). Do you have an idea whether i can go there and get my POA attested as well as drop my passport for renewal. I know i need to submit my original passport at the cousulate for the attestation. I was wondering if I could use the same window for passport renewal. Thanks again for all your help.

  • Please note that Passport renewal is handled by BLS (a third party company) and not directly by Indian Embassy.

    In case of POA attestation, you are going directly to Embassy.

    So, if the BLS office is in the same city, you can certainly drop your documents and original passport, after you have got the POA attested. I would just say that check the BLS office timings for public and you can certainly do it the same day.

  • Kartik

    Thanks Anil. My bad! I totally forgot about BLS. I will leave the passport thing for another day. For now, let me just get POA done. Will send my passport by mail. Thanks for all your assistance. I got my POA apostilled now.

    Thanks.

  • No problem and you are welcome.

  • Aditya

    Hi Anil,
    Very informative blog. Certainly saved my time by a lot.

    I have one lingering question on the entire process, the POA sent by builder/bank requires signature by the POA holder as well. So if I notarize 2 Witness signatures and take it to consulate, will they attest the document with out POA holders signature, considering I am signing as executant at the consulate.

    The builder/bank are thinking that once I sign and get the POA attested here, they can make POA holder sign in India in presence of a notary on the same document.

    Thanks in advance for your assistance on this.

  • Hi Aditya,

    Yes, Indian consulate will attest without POA holder’s signature. In-fact, the whole process of attesting ‘Outside India’ assumes that POA holder is in India and his/her signature would be made after the ‘Attested POA’ reaches India.

    Most probably, you would need to get this POA ‘registered’ too in India. I say, most probably because, some banks/builder may accept the attested POA but other may not. It depends on the purpose of POA.

    Check with your bank/builder on what they want and then proceed. Registration of POA is another step and you can follow the steps needed for NRI (after you have got the attestation done) here:
    http://www.am22tech.com/registered-power-of-attorney-in-india/#register-attested-poa-nri

    Let me know if you need more information.

  • Aditya

    Thanks a lot Anil for quick response and clearing any concerns I had.

  • You are welcome Aditya.

  • lil ross

    Hi Anil, I want to attest thePower ofAttorney in the name of my Uncle, for the property in India.. So instead of going to the embassy , with the witness can myself and witness get notarized the power of attorney , take all the copies send to the embassy of India in Washington DC..(Iam unavailable to go TO EMBASSY) (2) Another property is in the join name ( me and my husband) and my mother is the power of attorney in this ,, How many witness I need , cause this is in Joined Name? I am in Maryland…Thankyou

  • Hi Lil,

    1. If you can’t go to embassy, you can get your documents signed (you and 2 witness) and notarized. You would also need to get the poa APOSITLED by secretary of state (the state you are living in). Then you can send all the docs by mail to embassy.
    Read above article for more details on this scenario.
    2. The number of witness required is 2 irrespective of number of people’s name in property.

  • lil ross

    Sorry to bother you… Thanks for the help… One more question….(1). If Iam applying in person (at the embassy in wash DC) DO I need to get poa Apositled….(2) embassy website (DC) says form I 94..if you are a US citizen do I need that form?.Once again thankyou for your time

  • Sorry for an earlier reply. I think it was wrong.I am editing it now.

    As per my information and the Washington DC embassy website, apostile is not needed if you go there is person. I could not find any reference to apostile here:
    https://www.indianembassy.org/pages.php?id=62

  • lil ross

    Mr Anil. thank you, it now more easier. When I go thru all other comments. I read some where that DC embassy doesn’t need Apostilled.. so you said apostill is not needed if I go there in person . So if I appear or not at Embassy Apostile is not needed..?thnkyou for the time

  • Yes, I think so.
    I have shared the embassy link in above comment too. They have not mentioned anything about ‘Apostile’ in case you appear in person.

    It would not harm, if you can call them once too.

    It is an Indian embassy and they can always demand, the benefit of their mistake of NOT updating the website with new rules, if they have changed.

    As far as NY embassy is concerned, I have experienced it myself and i can confirm that they don’t ask for ‘Apostile’ if you go in person.

    All the best.

  • lil ross

    Thank you so much, for your answers and valuable time.. Tomorrow. I will get notarized and next week I will go to the embassy.

  • You are welcome lil.

  • sanbalas

    Anil, Your article was really helpful for our PoA attestation to arrange the docs and cashier’s checks. But there was one problem. Myself and wife were the 2 executents on the power of attorney. I had sent it through postal to the Washington DC Embassy. Based on your article and the fees you had paid, I had sent 20$ + 3$ cashier’s check. But today I received a call from DC Embassy that the amount is 20$ +3$ for each signature/executant and the amount is not correct. So I am asked to pay another 20$ + 3$ for my spouse. Basically 46$ total. I am planning to send another cashier check for 20$ + 3$ tomorrow. Just wanted to update this forum and also if you have any inputs to share on this, please do so. Thank you

  • Hi Sanbalas,

    Thanks for sharing the information. Looks like each Indian Embassy has its own rules for fees.
    In our case, NY embassy just charged $23 with two executants (me and my wife). You can see the receipt in above article.

    As a matter of fact, I had asked this question when i was making the payment in Emabssy. They had replied saying the fees ($23) is charged per DOCUMENT (Cashier told me it is NOT based on number of signatures/executants or number of papers).

    But, it is good to know that DC embassy has different criteria.

    Thanks once again for sharing.

  • sanbalas

    Appreciate your quick reply !
    Yes, I called Washington DC embassy and re-confirmed it that DC embassy charges 20$ + 3$ per Signature. So 46$ for me and wife. They also retorted advising not to compare with NY embassy 🙂
    I am from NC and so my attestation has to be done at DC embassy is what I was told.
    Regardless, your post has been much helpful and sure would share with my friends in need.

  • You are welcome Sanbalas.

  • amit

    Hey Anil,

    Thanks for this great article,

    One of my lawyer told me that I just need to notarize POA here and send it back to india. And they will get signature of my father in front of notary. And then they will do franking on it. I am not sure if this is going to work. Going to consulate here is required or not. please advise.

    Thanks

  • Hi Amit,
    Not sure about this aspect. I feel that attestation from Indian embassy is important.

    I have not heard that a simple notarized POA from USA can work in India. I am not sure what the lawyer means by simple ‘Notary’. Just re-verify if he is referring about getting it notarized from Embassy? The words are different but they actually just mean the same thing.
    Getting POA notarized or attested from Indian Embassy is actually the same thing. They don’t do anything extra than just verifying your signature and adding Embassy’s stamp.

    Also, what will be the legal status of the POA in India which was not attested by Indian Embassy?
    I don’t think it can be challenged in Indian court, in case of dispute later.
    But, your lawyer may know more and if he is okay with the simple notarized POA, you can go ahead and do it.

    The POA’s attestation, notarization and registration are governed by their purpose.

    Let me know if you need more information.

  • Ramu

    Hi Anil,

    Thanks for your post. It is highly useful and makes things clear and simple.
    1) If I mail the documents for attestation, to which address the attested document will be returned back?
    2) Do you know if it is possible to ask the consulate to return to a different address than the one mentioned as residential address in the miscellaneous form? As I’ll be working in my client location for a month and my residential address is in a different city.

    Thanks in Advance

  • Ramu

    More details to my question.

    I’m applying to Chicago consulate and in their website, they mention about sending a check for $20 when mailing the document.

    In Washington consulate website, it is mentioned that I can send a USPS return envelope. This will make my life easier if I can do for Chicago Consulate as well. Do you think I can apply to a different consulate though my state falls under the jurisdiction of Chicago consulate

  • Hi Ramu,
    1. You can only apply to a consulate allocated to your region. The region is decided by your address proof i.e. driving licence, home lease agreement or an electricity bill. You can’t choose an embassy.

    2. Yes, you SHOULD send a return envelope with the address that you want it to be shipped back to. You can choose any address in this case. Embassy does not care about it. It is your responsibility to mention the correct return address on the envelope.
    I don’t think you need to send the extra $20 for mailing it back if you are sending a return envelope (with postage and tracking). You can confirm it by calling the embassy once. I have read it on their website and nothing is mentioned specifically for this case.
    So, I would just send the ‘return envelope’ with postage.

    NOTE: For Chicago embassy, you need to get the documents APOSTILED too.

    Let me know if you need more information.

  • Hi Amit,
    I spoke to one of my reliable friend about his experience with sending the simple ‘Notarized’ POA (i.e. without Embassy’s attestation) to India and if it works.

    He was able to get his home loan approval process done in Andhra pradesh.

    His purpose was simply to help his relative sign the home loan documents on his behalf and his bank (a government bank) was able to accept the simple ‘notarized POA’ from USA. He didn’t got it attested from Indian Embassy.

    If your purpose and the third party (like Bank) is ready to accept the Notarized POA, you are good to go.

    Let me know if you need more information.

  • Ramu

    Thanks for your quick response Anil.

    Yes, you are right. I need to get the documents apostiled which makes the process longer for me. Anyway, do you know the phone number of Chicago embassy. I couldn’t find it in the website.

  • I get this when I search on google:
    455 North Cityfront Plaza Drive, 8, NBC Tower, Chicago, IL 60611
    (312) 595-0405

    or you can write to Chicago embassy here with your query:

    http://indianconsulate.com/contactus/contact/cgo

  • Ramu

    Thanks Anil.

  • Pinaki Banerjee

    Hi Anil,
    Apart from the POA my builder is also asking me to furnish a certificate from the bank approving my photo, signature and address. Is this a regular procedure? If yes, will my bank in US provide such a certificate?

  • Hi Pinaki,
    Not sure about this kind of certificate. What you can do just write all the details on a piece of paper with your photo and get it attested by your bank. They will attest it.
    I have never heard about this kind of certificate.

  • Pinaki Banerjee

    Thanks Anil…

  • உதய குமார்

    Hi Anil,

    I have one question,
    How many set of original POA needs to get notarized? one or Two.

  • Two.

  • உதய குமார்

    Thanks a lot.
    One more questions.
    My POA documents is of 2 pages.
    2nd page contains the witness section and i am going to get notarized for that.
    Page 1 contains the POA content and followed to page 2.
    Will embassy accept the document without any issue or i need to get notarized/signed on page 1 also.

    Iam bit confused here, Guide me

  • Embassy will not complain for anything. You have to decide if you want to get signatures on both pages or not.
    I would say that get it on both page 1 and page 2 to make your POA more secure. You don’t want anybody to change the first page later. Right?

  • உதய குமார்

    Thanks a lot for your quick response.

  • Rajeev Saini

    Hi Anil,
    Thanks so much for the POA process. I live in Australia. My situation is that I bought off the plan from a builder in gurgaon in 2010. Got the possession in 2013. Now in 2015, the flat registry will be done with the government authorities. The builder is coordinating it. I cannot go to India for it. The builder asked me to give authorization to my friend in gurgaon. He said just write it on a plain paper that so and so person will represent you at the time of registry with the govt official on a plain paper and sign it. There is no need to get it notary/Apostile/Consulate.
    Is this fine. Will such a paper work. My gut feeling is that I need to send a special power of attorney. There is no sale purchase involved as someone needs to represent me for registry. All the paper work will be done by the builder and I have already sent the stamp duty draft to the builder which they will use to pay stamp duty to the government.
    Please help. Thanks in advance.
    Regards
    Rajeev Saini.

  • Hi Rajeev,
    Not sure why builder is not asking for ‘Registered POA’ in your case. My case was exactly same as yours and our property was also located in Gurgaon.
    Our builder did ask for it because he said that it would be required in ‘government office’ while signing for the registry.

    I would suggest you to double check with the builder and then if he is okay with a simple POA, you can go ahead with it. But, remember, there will no legal validity of this unregistered POA in case there is any dispute later between you and builder.

  • Rajeev Saini

    Hi Anil,

    Thanks a lot. 2 questions:-

    1. What do you mean by “there will no legal validity of this unregistered POA in case there is any dispute later between you and builder”.

    Does this mean that the registry itself will become invalid. What are the type of problems I can face in it.

    The letter I am sending is just an authority letter and not even a POA.

    2. In case I send a proper Special POA with Notary/Apostile/Consulate to my friend in gurgaon. Can he in any way missuse it. For example misusing my signatures and getting

    the flat registered in his name or selling it to someone in an unauthorized way. These days you never know what all can happen.

    Regards,

    Rajeev Saini.

  • Hi Rajeev,
    1. Authority letter has no legal validity. It is just a plain piece of paper and easily be changed to write whatever anybody wants.
    You can’t question or complain later if your friend does something wrong with the authority letter.

    I seriously doubt that you would be able to register your flat based on authority letter.

    Problems: How would you make sure that the authority letter does not get forged? Anyone can write anything on your behalf in it and you have no proof to prove that you did not write it.

    2. If you send a proper POA, it can’t be modified.
    POA holder will get the rights to do ONLY what you write in the POA.

    When you get it attested by Indian consulate, a copy will be kept with Embassy. Then, when you register POA in India, a copy would again be kept in SDM office.

    So, in case, somebody tries to forge it by any way, you can challenge it in Indian court with proofs.

    Let me know if you need more information.

  • Rajeev Saini

    Thanks for the detailed answer. I will better go for the Special POA with notary/apostile/consulate.

    2 questions:-

    1. When do the 2 witness required to sign the SPOA. Is it in front the Notary. In that case

    I will have to ask them to accompany me to the notary office.

    2. When do I have to sign on the SPOA. Is it in front of the Consulate. In that case, what are the witnessess witnessing since Consulate occurs after notary.

    Regards,
    R Saini.

  • Hi Rajeev,
    1. Witnesses have to sign in front of notary. The purpose of notary is to verify the witness’s identity and their signature here.
    2. You have to sign in front of consulate. Witnesses have already signed and witnessed the content of the document in front of notary. This works.

    Also, since you are in Singapore, the laws might be different there with respect to notary. I would suggest you to go through the Indian consulate website once to see if they have any other requirement than the ones mentioned above,

    I have gone through this process in USA and it works.

  • Leela

    Hi Anil-

    This is very helpful. I have couple of questions regarding this:

    1) When getting the POA notarized with two witness signatures is there a specific place that the notary has to be done in the document or can it be anywhere in the document?

    2) POA getting notarized is it the embassy application form or is the POA document from India?

  • Hi Leela,
    1. You can leave some space at the bottom of the POA document for notary stamp and witness signatures.
    2. There is no standard format for POA. Embassy will not provide any format either. You can just write the ‘rights’ that you ant to share on plain piece of paper.
    See the sample POA that I created in the above article.

    Let me know if you need more information.

  • Leela

    Thanks Anil for the quick response!!!
    My bank has sent me a 3 page printed POA application form.

    1)Should the notary of the witnesses be done on each page of the POA?

    2)Should we get the attestation on all the 3 pages of the POA from the Indian emabssy?

    3)In the above discussion , I saw that you mentioned about 2 copies of the POA (One for us and one for Indian embassy) should we get the notary done on the both the copies?

    Appreciate all the help!!!!

  • You can use the Bank’s format with no issues. Coming to your questions,
    1. There is no requirement of witness signing all pages. They can sign at last page or all pages. Notary would also sign once at last page or all pages. It depends on your personal choice.

    POA would be valid even if you, witness and notary sign only on last page.

    I would prefer signing all the pages for better security and avoid any forgery of any page later.
    POA is a delicate document and should be protected.
    2. You will submit all three pages (full document together) to Embassy for attestation. it is their choice if they place their stamp on all three pages or just the last one.
    3. Yes, you have to get the notary done in both the copies. Remember that witness would also need to sign both copies.

  • Leela

    Thanks you so much Anil… This is a great blog and helpful.. :):)

  • You are welcome Leela. I am glad it helped you.

  • G.Ramani

    I am a NRI with A green card in U S.i have a NRE A/c with a nationalised bank, which is being operated by my father. I intend buying a residential property costing about a crore.
    Can I send the money to my NRE a/c one lumpsum.please guide me

  • Hi,
    I have no experience with transferring money at this point of time. But, i think there should be no issue as you are transferring money to NRE account and it is perfectly legal and white money.

  • Prabha Balakrishnan

    Hi Anil,
    Thanks for the detailed information.
    I reside in a place near chicago. You mentioned about sending documents through post to get POA.Is this applicable for chicago also.In how many can we receive the POA from them.Is it much better than visiting personally

  • Hi Prabha,
    1. Yes, you can send documents by mail to any INidan Embassy (consulate). It includes Chicago too.
    2. It is better to visit Embassy personally as compared to mailing.
    3. If yous end docs by mail, it should take around a week or so (I am not sure though). You can check their website for timings.

  • Manasi Chaphalkar

    Hi Anil
    Me and husband have purchased a flat in India and both of us are residing here on H1B and H4. We need to give our flat on rent hence need POA. I hav a drafted POA. After reading ur procedure i got the steps as how to get POA registered here. But i have one query as to documents.
    1.As we took loan for flat our originals are with bank. All we have is photocopies of the originals. So what all docs are needed as regards to property for POA registration here?
    2.In which form should i get those property docS??will scanned docs be enough or i have or get photocopies notarized in India n then couriered them here??
    Im pretty confused with the set of docs to be attached with POA. Kindly help. Thanks.

  • Hi Manasi,

    1. For POA attestation in Indian consulate, you do NOT need any property papers.
    Look for the supporting document list here:http://www.am22tech.com/attestation-of-power-of-attorney-at-indian-consulate/#documentary-proof-attest-poa-nri

    They just need your address proofs and passport with Visa in USA to attest and notarize the POA.

    2. The registration of POA is done in India and is second step after you have already done the attestation part.
    As far as I know, you do not need registered POA for giving your flat on rent.

    But in case and for security purpose, you do want to get it registered, you still do not need the original flat/property papers.
    Read the documents required for registration of POA here:

    http://www.am22tech.com/registered-power-of-attorney-in-india/#register-attested-poa-nri

    Let me know if you need more information.

  • Bipin

    Hi Anil,

    Thank you for such a detailed write-up on the topic !

    Had a quick question about the registration of the power of attorney in India. We have to execute a power of attorney in my father’s name for renting out our apartment in India.

    My father resides in one state and the property is in another state. So should the registration of the power of attorney be done in the state where the property is located or can it be done in the state where my father resides (since a resident address and address proof is required).

    Appreciate your help!

    Thanks.
    Bipin.

  • Each state in India has its own rules with respect to location for registration in case of multiple state.

    In our case, residence was in Delhi and property in Haryana.
    As per Haraya’s rules, you can’t register POA if you dont have residence address proof. So, we did it in Delhi and they accepted it.

    Your case sounds similar and I would suggest to register in the state where your father has residence address proof.
    In case they deny, you can then approach the registry office in the other state.

  • Suman Sarkar

    Hi Anil,
    Thanks a lot for your valuable information !!!
    I want to give POA to my father to register my flat in Kolkata. I went to notary person with 2 witnesses to get their signatures notarized. Notary person asked me also to sign the documents along with 2 witnesses. Notary person said as I am making this POA, I also need to sign the document infront of her, otherwise she will not notarize the POA. I showed your link but she refused to notairze POA. Please suggest.
    I am having checking account with BOA, should I go there with my witnesses to notarize? Do you know if BOA will notarize witness signatures on POA without asking for the POA giver’s signature?

    Once notary is done need to go to CGI, Houston, TX to do the attestation. As I am planning to visit CGI in person, I need not to notarize documents (passport copy, visa, I-94, DL etc…). Also CGI, Hosuton did not mention anything about notarizing witnesses signatures if visiting in person. Please validate.

    Thanks,
    Suman

  • Hi Suman,
    Here are the answers to the best of my knowledge:
    1. It is okay even if you sign in front of Notary. Just make sure that there is some space still left of the POA document for you to sign AGAIN in front of consulate.
    It is consulate’s decision if he wants you to sign again even if your signature are notarized. You can sign twice..that’s ok.

    Normally, notaries agree as they don’t care about the POA content. But since, he is pushing you to sign, you can do it. No issues.

    2. You can try with BOA if you want. I have never heard any notary forcing anybody to sign. This is simply because you are not asking notary to verify your signature. you are indeed asking him to notarize witness signature, which should not be a problem.
    I guess it is just a matter of asking another notary guy and they would do it.

    3. You need to carry original papers as consulate might ask you to show them. There is no need to notarize supporting documents like passport, visa etc.

    4. Even if they have not mentioned, they would need the witness signature notarized. Don’t take any chances and I would suggest to get witness signature notarized unless you plan to take them with you to Embassy.

    Let me know if you need more information.

  • Suman Sarkar

    Thanks a lot!!! Appreciate your lightning fast reply 🙂 I would go to BOA and check it. Yes, I will definitely notarize witness signature prior to visit CGI.

  • You are welcome Suman.

  • Abhishek Chandra

    Hey anil, is apostle a step necessary for the kind of transaction one is giving POA for or is it a must before consulate will attest the POA? I checked on their website and there is no mention of it. Thoughts?

  • Hi Abhishek,
    Which Indian Embassy are you talking about? Each embassy has its own rule regarding Apostile.
    Also, If you are sending documents by post, apostile is mandatory.

  • Abhishek Chandra

    Sorry. I should have mentioned. I’m talking about DC.

  • Yes, I think it is not required in DC.

  • Abhishek Chandra

    Great. Thanks!

  • Suman Sarkar

    Hi Anil,

    One small help, do I need to reserve any timeslot in advance to attestate POA in embassy if I am planning to go there in person? Please let me know. I called CGI, Houston but they are not answering calls. They did not mention anything about that though, please refer below link:

    http://www.cgihouston.org/page/display/67/19

    Thanks,

    Suman

  • There is no appointment necessary. But, make sure you visit Embassy between 9 AM to 11 AM. They won’t accept your application if you get late even by a minute.
    Each embassy has it s own time frame and 9-11 AM is the best time window in the absence of any specific timing mentioned on the website.

    They will give the attested POA back to you same day in the afternoon, so you might have to wait. Plan accordingly.

  • Sudhir Sharma

    Anil,

    Can you tell me do we need to take an appointment in consulate before going there. I am in virginia and have to go washington for this.Can something is online also so that we can mail them and get it after stamped via mail. and Is it necessary to carry some properties paper too or any other required paper other than passport.

  • Hi Sudhir,
    1. No appointment is required. You can visit Embassy on any working day between 10.00 AM – 12.30 PM and submit the application for attestation. They will give it back to you same day in the afternoon. You may have to wait for it there itself.

    2. Yes, you have the option of mailing the docs and get the attestation done. The process is mentioned in above article. This process is not online though. You have to get all the documents in one package and mail Embassy with a return envelope.
    3. No, property papers are not required. Embassy does not care about what you write in POA. They just verify your signature, picture and valid NRI status by looking at your Visa, passport and address details. Look at the required documents list in above article.

    Let me know if you need more information.

  • Saurabh J

    Hi Anil,

    This is an excellent article about the process. I have a question regarding POA attestation.
    My wife and I, both are executants for the POA; Can I alone go to NY/DC Consulate to get it attested? Do I have to get the POA apostile-d after her signatures are notarized?
    Or any other extra steps needed?

    Thanks in advance.
    Saurabh J

  • Hi Saurabh,
    As far as I know, it is better to take your wife along to avoid any surprises in Embassy.

    But, I think that only notarization would work even if she is not personally visiting the Embassy. This is simply because notarized signatures of witnesses are also okay when you visit in person.
    I have a strong feeling that it should be okay.

  • Saurabh J

    Thanks for taking time to answer! Appreciate it. I will update here if I go alone to embassy and it works.

  • That would be great Saurabh.
    All the best.

  • Anil

    Just be careful about the Tax reporting and when filing your FBAR next year – you have to mention max amounts in each bank account in the FBAR

  • Rakesh Soni

    Hi Anil,

    I appreciate your excellent article about the POA process. I have few question regarding POA attestation.

    1. Currently I am living in Huntsville Alabama. Do I need to go to Washington DC or can I get it done in Atlanta indian consulate office?

    2. Do I need to sign each every page of POA or only on last page would be fine? So I can leave some space accordingly.

    Thanks,
    Rakesh.

  • Sarath

    Hi Saurabh,
    Please let us know if it worked.
    Thanks

  • Hi Rakesh,
    1. Each Indian consulate has its regional jurisdiction. In Alabama’s case, it is Atlanta. Any other consulate will not entertain your request.
    2. It is up-to you. Consulate does not provide any specific instructions on this point. You can sign on the last page and they will be okay. Basically, they don’t care about what you write and how you write. They just attest the signatures.
    As per my own opinion, you should sign on all the pages to make your POA tamper proof. Remember, if you do not sign on all pages, it is possible for someone (or POA holder) to change the intermediate page with his own text.

    Does that answer your query?

  • Rakesh Soni

    Thanks Anil. I got my answer.:)

  • Saurabh J

    Hi Sarath,
    I am sorry, but I did not visit the CGI due to change in plan. I will update here if I do so in next 2-3 weeks.

  • sureshkumar

    HI Anil,
    I am in New Jersey
    1. How many POA documents needed to get the Indian Embassy Consulate attestation?
    2. I got only one POA(bond paper) from my father with 4 pages? Is that fine or need more than one ?
    3. Does NY indian embassy needed Apostille, either if i go in person or via mail for POA attestation?. please confirm

  • Sureshkumar

    HI Anil,
    I am in New Jersey
    1. How many POA documents needed to get the Indian Embassy Consulate attestation?
    2. I got only one POA(bond paper) from my father with 4 pages? Is that fine or need more than one ?
    3. Does NY indian embassy needed Apostille, either if i go in person or via mail for POA attestation?. please confirm

  • Hi Suresh,
    I guess you have not read the article above carefully. All your questions have already been answered above. Here is the summary again:
    q 1 and 2. You need 2 copies of POA. One for you and one for embassy. They will keep one copy with them.
    3. You do not need apostile if you go in person. The above article is for NY embassy itself.

  • Sureshkumar

    Thanks Anil

  • desidude

    Guys , i just sent my POA documents last week to the DC consulate office by UPS but to my dismay UPS told me that they refused the package at the embassy. Has anyone faced this situation before ? I mailed the documents to “Embassy of India(Consular Wing)
    2536 Massachusetts Avenue, N.W.
    Washington D.C. 20008”

    Why would they refuse a package at the embassy ? was it some disgruntled employee who just had a bad day ?Please advise on how to proceed as the documents are being returned back to me UPS

  • Not sure why they have returned it. Your address is correct as mentioned here:
    https://www.indianembassy.org/pages.php?id=62

    Did you write the purpose on the front of envelope?

  • desidude

    No i did not write anything in front of it . What should i write ?

  • I am not sure but may be writing the ‘miscellaneous service – power of attorney attestation’. Would have helped.

    There is no clear guidance for it on embassy website though.
    It would be better if you can call them and ask for the reason for return.

  • desidude

    Also is apostile needed @ indian embassy washington dc if applying by mail ? I did not see it mentioned anywhere on their website. Please let me know,

  • desidude

    Problem is UPS guys can’t tell the reason for declining. All they said was “The receiver does not want the product and refused the delivery. / The package will be returned to the sender. “. Regarding calling them…yeah the phone rings forverrrrrrr man…

  • Yes, I can understand. But, you only have the option of calling and asking for the reason.
    Or better to visit in person. It is just 1 day’s job.

  • Applying in person generally needs apostile. The guidance on embassy website is not clear. But, it is always better to get the docs apostiled.
    Or better, visit in person.

  • Anusha Rudhra

    Hi
    I just called Indian Consulate New York helpline .
    They said witness signature is not required for them to attest in person.

  • That’s good information. Thanks for sharing.

  • Anusha Rudhra

    Hi Anil ,
    What is the photo dimension for POA ?
    Is it 35 by 35 mm or does it vary by state in India ? Thank you .

  • There is no such hard and fast requirement for photo size.
    We used the Indian style passport size photo. You can use any that you have but it should clearly show the person’s face.

  • Anusha Rudhra

    Okay .Thank you

  • Prabha Thomas

    Hi Anil,

    My ex husband died leaving property in India to our 2 adult children. I am an Indian citizen but my kids are not. I’ve been appointed their POA from the US side. How do I get an Indian POA for them so I can handle the property issues? I’m going to India in 2 weeks but they are unable to come with me. Do I start with an attorney there or do I need to have something done here at the consulate first?

    Thanks,
    Prabha

  • Hi Prabha,

    As I understand, your 2 kids are US citizens (with US passport), they need to follow this process to GIVE you POA:

    1. Write and notarize POA in USA by any notary public.
    2. Get this POA “certified” at County Clerk’s office. This may or may not be required in your specific US state.
    3. Get it APOSTILED by secretary of your specific state.
    4. Take it to Indian Embassy/consulate for attestation.

    US citizen’s have an extra step (2) and (3) above. (2) may or may not be required and is governed by state laws. There is no harm is getting it done even if it is not mandatory in your state.

  • Ipshita Chakladar

    Hello Anil,
    I am a US citizen unable to travel to India immediately and would like to give my husband also US citizen POA to sell property in India. please tell me the steps.

  • Hi Ipshita,

    For US citizens, These are the steps:

    1. Write and notarize POA in USA by any notary public.
    2. Get this POA “certified” at County Clerk’s office. This may or may not be required in your specific US state.
    3. Get it APOSTILED by secretary of your specific state.
    4. Take it to Indian Embassy/consulate for attestation.

    US citizen’s have an extra step (2) and (3) above. (2) may or may not be required and is governed by state laws. There is no harm is getting it done even if it is not mandatory in your state.

  • padmanathan

    Hi Anil, i am giving POA to my wife(in india). I need few clarifications, is it ok to get the POA with the indian STAMP papers, because in my home town people saying they will not accept Normal A4 Sheet POA and Do we really need of aposttile for POA.?

  • It is your choice of Stamp paper, it is not at ALL required. I am not sure if Indian embassy would even accept it. I have only seen POA on plain paper till now and it is perfectly legal and valid in India.

    Apostile depends on how you are applying and your state of residence. Read the article above for finding if you need apostile or not.

  • Ahot

    Hi Anil,
    Do I have to apostile the copy of the POA as well? OR just apostile the original POA and take the copy of it to consulate?

  • Ahot

    Also, do you know if I and my wife both have to present physically in the Apostile office as we both are executant in the POA.?

  • Yes, copy has to be apostiled as well.

  • Both executant should be physically present.

  • Ahot

    Thanks Anil..one more question. I was going through the instructions given in Indian Consulate SFO website. There is nothing mentioned about providing additional copy of POA which consulate will keep it with them.
    Am I missing something? or this is only required for NY embassy?

    Thanks for your help

  • I think 2 copies are applicable for all embassy. They do not mention it anywhere but they do keep one copy exclusively in their records.

  • suresh

    Anil, Yesterday i went to get the notarization(POA) for witness sign and they(Public Library – NJ) asked me to sign in-front them, so that they will do notarization it seems, other wise they will not.. If i do sign in front of notary officer ,then I may not have place to sign OR will Indian embassy accept this with notarized sign from expectant? Please advice. Thanks Suresh

  • Hi Suresh,

    The whole idea of attestation at Indian consulate is to verify your signature and your identity in front of the consulate. They do not check or verify the contents of the POA.
    Hence, you would need to sign in front of the consulate too.

    The notary’s sign are only required to attest the witness’s signature and not the document content or your signature. You understand what I mean?

    You can argue with the notary on this basis and ask him to just verify the witness signature and nothing else.

    If he does not agree, then you sign too but make sure that you leave some (a little bit) space for your signature to be done again in Indian embassy.
    They may or may not entertain the already notarized (your signature). It is up-to them.

  • Rohan Mani

    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.

  • 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!

  • Charan

    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 ?

  • 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

    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 ?

  • 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

    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.

  • 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.

  • S K GIRHOTRA

    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.

  • 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.

  • Puneet

    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

  • 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

    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!

  • 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.

  • Vask

    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

  • 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.

  • Anuj

    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

  • 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.

  • Sanatkumar

    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

  • 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.

  • mk

    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

  • 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.

  • Kalyani N

    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.

  • 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.

  • mk

    thank you anil

  • mk

    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 ?

  • You are welcome.

  • 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.

  • Kalyani N

    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..

  • 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.

  • Charan

    Hi Anil, is it ok to have spouse as a witness or should it be a friend ?

  • Anyone with a valid US issued photo ID card can be a witness including your spouse.

  • Charan

    Thank you.

  • ramya nair

    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?

  • 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

    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..

  • 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.

  • MS

    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

  • 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.

  • Sudha Baisantry

    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

  • 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.

  • Abhijeet

    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.

  • 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

    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.

  • Yes, notice of action should serve the purpose.
    Notarized passport copies would work.

  • Abhijeet

    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?

  • 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

    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.

  • 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.

  • Ramnarayan Gupta

    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?

  • 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.

  • Devidas

    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

  • Hi Devidas,
    1. Yes, if they are not going with you to consulate.
    2. You should sign in front of consulate.

  • Pinak Mehta

    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 ?

  • 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

    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

  • 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.

  • Arun Naggar

    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 ?

  • 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.

  • vikas

    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?

  • 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.

  • Tej

    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.

  • Hi Tej,
    AZ falls in San Francisco (SFO) Indian consulate jurisdiction. Hence, send your documents there.

  • vikas

    Hey Anil, just a follow up question. Does the witness have to be a US citizen. Or can my friends sign it?

  • 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.

  • Arun Naggar

    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 ?

  • 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

    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 ?

  • 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.

  • Sathish

    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?

  • 1. Yes, they can attest everything in one visit.
    2. Yes, they charge for each attestation. Each attestation is $23.

  • Prem

    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”

  • Yes, for SFO, Apostile is mandatory.
    It is mentioned in above article as well.

  • Giri

    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

  • 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.

  • GAURAV

    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

  • 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

    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.

  • 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.

  • 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.

  • V delhi

    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 ..

  • 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.

  • Sunny

    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??

  • This scenario is out of scope of this article.
    I would suggest to consult a property lawyer for gifts and associated rules.

  • Geetha

    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…

  • 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

    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 ?

  • If you are the seller, then no. You don’t need to, unless you want to make highly specific.

  • Vaishnavi Ilango

    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

  • Karthick Bs

    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

  • 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

    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” ?

  • 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

    Thanks a ton 🙂 This really helps..

  • Jay Nanavaty

    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

  • 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.

  • Shilpa

    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

  • 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.

  • Rajeev Kumar

    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

  • 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

    Thanks Anil for prompt response.

    Tx

    Rajeev Kumar

  • Amit

    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

    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?

  • 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

    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.

  • Mohit

    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?

  • 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.

  • Deepal Udeshi

    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

  • Hi Deepal,
    There is no specific time defined by Embassy, but, you should keep a buffer of at-least 2-3 weeks.

  • Deepal Udeshi

    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

  • 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

    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

  • 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

    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?

  • 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

    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. 🙂

  • Copy of driving license.

  • 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

  • Arun Nair

    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?

  • 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

    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!

  • 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

    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!

  • 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

    Thanks Anil.

  • Sujatha

    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?

  • Yes, it can be pasted before visiting embassy. Do not sign though. Signature has to be done in front of consulate.

  • Sujatha

    Thank you for your prompt response.

  • Sujatha

    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.

  • You are welcome Sujatha. I am glad it helped you.

  • Sujatha

    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.

  • 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

    I just saw the information related to this that you had provided. I will check with the builder anyways. Thanks for being so prompt

  • You are welcome.

  • harjan cheema

    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

  • Indian embassy does not care about the relationship. The PoA holder’s relationship details are only asked/required while registering it in India.

  • Sowmya

    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

  • 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

    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 ?

  • No. There is no expiration date written by Embassy.

  • Band Avabel

    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?

  • 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.

  • John

    @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?

  • 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

    @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?

  • 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

    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.

  • That sounds good. I was not aware that out of state secretary can apostile the document.

  • John

    @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.

  • Thanks John for sharing the information. It will certainly help others coming on this page for help.
    I appreciate it.

  • Alex S

    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 !!

  • 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

    Thank you so much !

  • divya

    plz tell about canada procedure

  • divya

    Some advocates are suggesting in india. that only notary is sufficent.. there is no need to attest from indian embassy.. kindly guide

  • Hi Divya, The process in Canada should be same as for USA.

  • 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

    Thank u Sir for your valuable reply…
    want the power of Attorney to Register the property?

  • Yes, you would need registered PoA for property registration.

  • kapoord33@gmail.com

    Yes sir for this only advocates are suggesting that notary is sufficent.. there is no need to attest from indian embassy….. kindly guide

  • abhinav

    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?

  • 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.

  • Sandeep Sharma

    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.

  • 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.

  • Ridhima

    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 ?

  • 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.

  • Tarun Negi

    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

  • 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.

  • Anand

    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.

  • Yes, Apostile is required if you are living Chicago.

  • Anand

    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

  • There is no issue whatsoever in getting ‘Apostile’. It’s okay if you have already got it done.
    Indian embassy will still attest it.

  • Ashok Kumar

    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

  • 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

    Thanks for the answer, do i need to provide witness addresses also on the POA?

  • 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.

  • Rahul Malik

    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

  • 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

    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?

  • 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.

  • Shyamala Bhattacharyya

    If a property be purchased and registered jointly through the power of attorney should it be countersigned by the principal within six months?

  • 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.

  • Kunal

    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…!

  • 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.

  • Biplab Dutta

    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?

  • This is a property lawyer question and out of scope of this article.
    I would suggest you to consult one.

  • Sekaran

    is the any condition for staying period in US, i.e 90 days or 180 days ,

  • No. There is no such condition. The only thing is that you should have a valid visa (other than business or tourist).

  • Kunal

    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..?

  • Hi Kunal,
    Check out this post for the documents required in India (after you have attested it and sent to India):
    http://www.am22tech.com/registered-power-of-attorney-in-india/#register-attested-poa-nri

  • Rahul Malik

    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

  • 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.

  • Kishore

    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?

  • 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.

  • Rsharma

    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

  • 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.

  • Shivani Gupta

    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,

  • 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

    Thank You!

  • Jay

    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 ?

  • 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

    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.

  • You did not mention earlier that you are a US citizen.
    Yes, ‘Apostile’ is needed for NRI with US passport.

  • shamu

    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.

  • Krish

    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.

  • 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).

  • Chand

    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

  • 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.

  • 1. Yes, you are correct with respect to photocopy and apostiled.
    2. Yes, it is always better to have both the copies same.

  • Ryan Justus

    How many days i took for you through mail

  • Akhil Sharma

    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

    Around 10 business days..

  • cec

    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

  • cec

    HI jay,my situation is like yours..could let me know the process to get this POA done for US passport.

  • Rahul Malik

    We have sent only 1 POA with both primary and secondary owner name mentioned , also sent all notarized documents for both.

  • 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.

  • Digvijay

    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?

  • 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

    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?

  • 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.

  • vipin

    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.

  • 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

    Hi Anil I am sending to indian embassy houston

  • Hi Vipin,
    Yes, original passport is required to be sent.
    Read more here on Houston Embassy:
    http://www.cgihouston.org/page/display/67/19

  • DIgvijay

    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?

  • Then, please send it without apostile.

  • vipin

    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

    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

  • It looks good to me.

  • Rajat Basu

    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!

  • Vijay Sai Krishna Chadalavada

    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?

  • No. PoA holder’s picture is not required.

  • Manas

    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

  • 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.

  • Vijay Sai Krishna Chadalavada

    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.

  • I think printing on one side is a better option.

  • bharath kumar reddy

    hi ,
    did we need to have witness from same address or different address is fine?

  • It does not matter.

  • Bharath Reddy

    Thanku so much

  • Sumeet Kamat

    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)?

  • 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

    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?

  • 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

    alright thanks

  • Vijay Sai Krishna Chadalavada

    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.

  • Vijay Sai Krishna Chadalavada

    Hi Anil,

    Is my (the executant) photo really required on the POA? Will that be ok if I affix any photo?

  • What exactly do you mean by any photo? It is required to have your OWN photo if you are the executant.

  • 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.

  • Marvin Xavier

    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.

  • 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.

  • Sumeet Kamat

    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,

  • 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

    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.

  • 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

    yep. I raised this issue with their supervisors, waiting for the response.

  • D Chakrabarty

    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!

  • 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.

  • Sam

    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!

  • 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.

  • D. Chakrabarty

    Thanks! I will be going to the NYC consulate and report back.

  • Sure.

  • Magudapathi Swaminathan

    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?

  • I am afraid they can’t create POA in USA. You can call embassy to check though.

  • Rahul Chhajed

    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.

  • Yes, 2 witness signatures are mandatory. This is Indian embassy rule.

  • tube mania

    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

  • Thanks a lot for sharing your experience. I am sure its going to help lot of people.

  • Pradip

    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…..

  • 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.

  • janani srinivasan

    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.

  • 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

    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?

  • For property matters, the registrar will ask for SPA.

  • Abishek Avasarala

    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?

  • No, you cant choose embassy based on your choice. You have to go the embassy that’s assigned to your state address.

  • Jaspal Singh Saluja

    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

  • 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.

  • Renju Mathews

    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

  • Krati Chouhan

    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?

  • Thanks Renju for sharing your experience. I am sure it is going to help lot of people.

  • 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

    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.

  • 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.

  • Nilesh Nemade

    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

  • 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

    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?

  • 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.

  • Abhinav

    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..

  • You can take a photocopy. As per my experience, two original copies are required and i went to NY consulate itself.

  • Sharad Chandra

    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

    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

    hi @SoanT:disqus

    Kindly oblige me by your response. thanks

  • 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.

  • Sharad Kulkarni

    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

  • Sharad Kulkarni

    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

  • sharad Kulkarni

    Dear Anil
    Awaiting response to my queries. Thank you

  • Sorry for a delayed response.
    Yes, they can follow the same process.

  • Yes, you are right.

  • Sorry for a delayed response. I have answered your query.
    Let me know if you need more information.

  • sharad chandra

    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.

  • 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

    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!

  • All the best for your asset buying and you are welcome.

  • Prakash Prusty

    Hi @SoanT:disqus

    Can my wife be one withness among two witness required for POA.

    Thanks,
    Prakash Prusty

  • Legally, she can be a witness. But, it is always better to have someone who is not a close relative.

  • Hitesh

    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

  • 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.

  • VIJAY DIXIT

    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.

  • 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.

  • Rajesh R

    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?

  • That’s fine. Notary only need to witness the witness signature. The purpose of notary is restricted to verify the signature.

  • Dinesh Kumar

    Hi Anil,
    Do we need to paste 2 witness photo? or witness signature is enough?

  • Witness photo is not required.

  • Nag J

    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.

  • 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.

  • Arjun Ravikumar

    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?

  • 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.

  • rajesh kumar

    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

  • 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

    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?

  • Please go through the above article. It has the POA sample as well as the documents that you would need.

  • Suman Sarkar

    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 have a question:

    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. 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? Please let me know.

  • 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

    Thanks Anil 🙂

  • 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

  • You are welcome.

  • b rao T

    is f1 visa holders eligible for POA notarization to purchase flat in India? and h1 is still under processing

  • 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.

  • Vipan Sharma

    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.

  • Indrajit Banerjee

    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?

  • 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.

  • 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.

  • Praty

    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?

  • 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.

  • Vipan Sharma

    Thank you very much, Anil

  • You are welcome.

  • Somdeb Bhattacharjee

    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.

  • Same process.

  • rajesh kumar

    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 .

  • Akanksha Potdar

    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

  • 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.

  • 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

    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 ?

  • ‘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

    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.

  • 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

    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

  • POA holder can stick his/her picture in India. It’s not required here in USA.

  • Ganesh N

    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.

  • Yes, POA holder will sign and paste his/her photo in India. Not required in Indian Embassy.