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Power of attorney from abroad

A power of attorney (POA) lets someone in India act for you: sign a property purchase, execute loan documents, register a sale deed, or deal with a society or tax office. For most NRIs it is the single document that makes a home loan possible without flying back. It is also the document most often rejected by lenders and sub-registrars for small technical faults, so it is worth getting right first time.

General or specific?

  • A specific (special) POA authorises named acts for a named transaction, for example "to purchase Flat 1203 in [project], to sign the loan agreement with [lender] and to register the sale deed". Lenders and registrars prefer this.
  • A general POA authorises a wide range of acts. It is convenient but riskier for you, and some lenders and states will not accept one for property or loan transactions.

Ask your lender for its POA format before drafting. Most banks and housing finance companies have their own template, and using it avoids rework.

Who should hold it

Choose someone you trust completely and who can be available in person in India: often a parent, sibling or spouse. The holder will need their own identity documents and may need to appear before the sub-registrar. A POA can be revoked, but undoing a transaction signed under it is much harder.

Signing it abroad: attestation or apostille

A POA signed outside India must be authenticated so that Indian authorities accept it. There are two routes, and which one applies depends on the country where you sign and on what the Indian lender and state accept:

  1. Attestation at an Indian mission. You sign before, or have your signature attested by, the consular officer at the Indian embassy, high commission or consulate, usually after booking an appointment. Many missions use an outsourced service centre. For example, the Consulate General of India in Dubai handles attestation through IVS Global at its centre in Oud Metha, with online appointments. Missions generally require witnesses and, in many cases, personal appearance.
  2. Notarisation plus apostille. In countries that are party to the Hague Apostille Convention, as India is, a document notarised locally and apostilled by the designated authority of that country can be accepted in India without embassy attestation. Countries such as the United States, United Kingdom, Singapore, Australia, Canada and Saudi Arabia are listed as parties; the UAE and Qatar were not listed as at October 2024 [to verify current status on the Hague Conference status table].

Even where an apostille is legally valid, some Indian banks and sub-registrar offices still ask for embassy attestation. Confirm with the lender and, for property registration, with the relevant sub-registrar office before you choose a route.

After it reaches India: stamping within three months

Under section 18 of the Indian Stamp Act, an instrument executed abroad must be stamped within three months of being received in India. In practice the POA holder takes the original to the state's stamp authority (the Collector of Stamps) for adjudication, pays the applicable stamp duty, and gets it endorsed. Stamp duty varies by state and by the type of POA; a POA to sell property for consideration can attract higher duty. Missing the three-month window can lead to penalties or rejection.

Registration

A POA that will be used to transfer immovable property usually has to be registered with the sub-registrar, after adjudication. Many states require this, and registrars will check it before accepting a sale deed signed by the POA holder. Your lawyer or our team can confirm the requirement for the state where the property is.

Practical tips

  • Use the lender's template and name the specific property and transaction.
  • Make sure names exactly match your passport, including middle names.
  • Attach a copy of your passport and visa or residence permit, and the holder's identity proof, as the mission or lender requires.
  • Use good quality paper, sign every page, and do not leave blank spaces.
  • Send the original by tracked courier and keep scans.
  • Plan for two to four weeks from drafting to a stamped POA in India.

In Singapore and Dubai, KLICK NRI can arrange doorstep pickup of your documents and book the attestation for you.

This is general information, not legal advice. Requirements vary by country, state, lender and transaction; take advice from a qualified lawyer before signing a power of attorney.

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