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Power of attorney from the US for use in India

How to sign a power of attorney in the US so a parent or sibling can sell property, run a bank account or deal with an office in India: notary, witnesses, consulate attestation or apostille, and stamping within 3 months.

Last verified 2026-10-02 Reviewed October 5, 2026 General guidance, not legal advice. Always check with a qualified attorney

A power of attorney (PoA) lets someone in India act for you: sell or rent a flat, deal with a bank, appear at a land or municipal office. Use a specific PoA (one property, one task) where you can; a general PoA gives very wide powers.

Steps

  1. Draft it in India’s format. Ask the lawyer, registrar or bank in India for their wording. Registrars reject documents that don’t describe the property exactly.
  2. Sign before a US notary with two witnesses who aren’t your relatives. Your signature should match your passport.
  3. Get it attested:
    • Indian passport or OCI holders: send it to your Indian consulate (by mail or through a VFS Global centre) for consular attestation. About $20 per signer plus a $2 welfare fund fee, roughly 10 working days. Find yours with the consulate finder.
    • US citizens without OCI: first get an apostille from the Secretary of State of the state where it was notarized. India is part of the Hague Apostille Convention.
  4. Send the original to India. It must be stamped (adjudicated) within 3 months of arriving in India at the sub-registrar or collector’s office, paying that state’s stamp duty. For property sales it usually also has to be registered.

Tips

  • Make the PoA end on a date or after the task is done.
  • Keep a scan; banks and registrars often ask for the attested original, so plan for more than one.
  • You can revoke a PoA, but you need to tell everyone who received it.

The good

  • The Indian consulate attests a PoA in about 10 working days for $22
  • You can apply by mail or through a VFS centre
  • Apostille works for US citizens without OCI

The hard

  • Two witnesses who are not your relatives are needed
  • It must be stamped in India within 3 months of arriving there
  • Rules and stamp duty differ by state

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Sources

  1. Embassy of India, Washington: Attestation of power of attorney
  2. Consulate General of India, Chicago: Power of attorney (attestation vs apostille)
  3. Consulate General of India, Seattle: Power of attorney
  4. MEA: Apostille
  5. Telangana Registration Department: stamping documents executed abroad (3 months)

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.