Power of Attorney for India from the USA

How to send a power of attorney to India from the USA

A power of attorney for India is drafted by your lawyer in India, signed before a Massachusetts notary and apostilled by the Massachusetts Secretary of the Commonwealth. India is a member of the Hague Apostille Convention, so no consular attestation is needed for the apostille itself. Two details cause most problems. First, Indian formats usually have no Massachusetts notary section, so a Massachusetts notarial certificate must be added before the document can be apostilled. Second, once the original arrives in India, it generally must be stamped within three months. We come to you anywhere in Boston and across Massachusetts, complete the notarization with the correct certificate, obtain the apostille and ship the original to India with tracking.

How the process works

A power of attorney for India passes through two legal systems. The Massachusetts steps make the document authentic; the Indian steps make it usable.

Start with your lawyer in India

The authority that will rely on your power of attorney, whether a Sub-Registrar, a bank, a court or a housing society, decides what it must say. Ask your lawyer in India to prepare it, and ask three questions before you sign: Is this a general or a special power of attorney? Does it need photographs, thumb impressions or witnesses? Will it be used to sell or register property? Many Indian lawyers recommend a special power of attorney limited to a particular property or task, and some registration offices accept only special powers of attorney for property transactions.

A Massachusetts notary cannot draft the document, choose its wording or advise you on its effect under Indian law. We notarize the format your lawyer provides, and we can review it in advance to confirm it can be notarized and apostilled in Massachusetts.

Photographs, thumbprints and witnesses

Indian powers of attorney often include features that U.S. documents do not.

• Photographs. Many formats have boxes for passport-size photographs of the principal and sometimes the attorney-holder. Bring recent photographs and, if the format asks you to, sign across your photograph so the signature runs from the photo onto the page.
• Thumb impressions. Some formats ask for a left thumb impression beside the signature. You add the impression at the appointment where your lawyer has marked; tell us in advance so we can plan for it.
• Witnesses. Many formats include lines for two witnesses, with their names and addresses. Arrange your witnesses in advance and have them bring photo identification.
• Self-attested copies. Your lawyer may ask for copies of your passport or OCI card signed by you. See self-attested documents.

The notary's certificate covers your signature. It does not certify the photograph, the thumbprint or the contents of the document.

Why a Massachusetts notarial certificate must be added

This is the step most often missed. Indian formats commonly end with "Before me," "Attested" or a blank space intended for a notary in India. A stamp in that space is not a Massachusetts notarial act, and the Secretary of the Commonwealth issues apostilles only for documents bearing the signature of a Massachusetts notary on a properly completed notarial certificate.

So we add one. For a power of attorney, that is usually an acknowledgment in the form set out in M.G.L. c. 222, § 15, which states the date, the name of the person who appeared, how their identity was proved and that they signed voluntarily, followed by the notary's official signature and seal. We attach the certificate to the document so it travels with the power of attorney as one instrument. With the certificate in place, the document is eligible for the apostille.

Indian law also recognizes this route. Section 33 of India's Registration Act, 1908 recognizes a power of attorney executed before and authenticated by a notary public when the principal does not live in India. In Jugraj Singh, India's Supreme Court treated a power of attorney notarized in California in compliance with California law as valid under Indian law. A complete Massachusetts certificate gives your power of attorney the same footing.

The appointment

1. Send us the document in advance. We confirm the notarial act, where the certificate will go and whether photos, thumbprints or witnesses are needed.
2. Bring a current photo ID. A passport works well, and the name should match the document. See notary ID requirements.
3. Sign in front of the notary. Leave every signature line blank until the appointment. Witnesses sign at the same time.
4. We complete the certificate. The notary completes the Massachusetts certificate, signs it and applies the seal.
5. We obtain the apostille and ship. We submit the document to the Secretary of the Commonwealth and send the original to India by tracked courier.

After it arrives in India: stamping and registration

Stamp duty. Under Section 18 of the Indian Stamp Act, 1899, an instrument executed outside India may be stamped within three months after it is first received in India, and state stamp acts contain similar rules. The Andhra Pradesh High Court has upheld a registration office's authority to impound a power of attorney and charge a penalty when it was not stamped within that period. Your attorney-holder should take the original to the stamp authority, often for adjudication by the Collector of Stamps, soon after it arrives. Stamp duty rates are set by each state.

Registration. Whether the power of attorney itself must be registered, and what the Sub-Registrar requires to register a sale deed signed under it, depends on the state and the transaction. Your lawyer in India will guide the attorney-holder through these steps.

Plan the timing together. Ship the original only when your attorney-holder is ready to act on it, so the three-month stamping window does not run out while the document sits in a drawer.

Translation

Most powers of attorney for India are prepared in English and need no translation. If a local office asks for a version in Hindi or another Indian language, we provide certified Hindi translation and translation in more than 65 languages. See translate before or after the apostille for the right order.

Mistakes that delay a power of attorney for India

• No Massachusetts certificate. A seal placed in an Indian "Before me" space cannot be apostilled.
• Signing in advance. Signatures, including signatures across photographs, should be made in front of the notary.
• Missing photographs or witnesses. Check the format and bring everything it calls for.
• Name mismatches. The name in the document should match your passport.
• Missing the stamping window. The three-month period runs from receipt in India, so time the shipment.
• Changing the text after signing. Any change after notarization means signing again.

How we help

Boston Mobile Notary & Apostille Service regularly prepares powers of attorney for India. We review your lawyer's format, travel to you anywhere in Boston and across Massachusetts, plan for photographs, thumbprints and witnesses, attach the Massachusetts certificate, obtain the apostille from the Secretary of the Commonwealth and ship the original to India with tracking. If you are signing for an elderly parent or someone in the hospital, see notarizing a power of attorney in the hospital. Every quote is personalized; request a quote and send us the document.