Someone living in the United States can get most Indian legal work done without travelling. Documents such as a power of attorney are signed before a US notary public and apostilled by the Secretary of State of the state where the notary is commissioned, then sent to India and stamped within three months. A lawyer in India then acts through your attorney holder. Because the USA is not a reciprocating territory, a US court judgment cannot be executed directly in India and needs a fresh suit.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- In force
Why Indian-Americans still need lawyers in India
The Indian community in the United States is large and spread across every state, with heavy concentrations around New York and New Jersey, the San Francisco Bay Area, Texas, Illinois, Georgia and Washington State. Many are H-1B or L-1 workers who intend to return, others hold green cards, and a growing share are US citizens who now hold OCI cards. Whatever the status, the Indian side of life rarely disappears. Parents age in Pune or Ludhiana, a flat bought before emigrating sits empty, and an ancestral plot is still in a grandfather's name.
The matters we see most from American clients are buying or selling a flat, sorting out a parent's estate, executing a power of attorney for India, setting up an Indian company for a US business, Indian tax filings on rent and capital gains, and divorces where one spouse is in America and the other in India. Each has a US dimension that an India-only lawyer can miss: IRS reporting, US immigration consequences, and the limits on what a US court order can achieve in India.
Signing and legalising documents in the United States
India and the United States are both parties to the Hague Apostille Convention, so a US document normally needs an apostille rather than embassy attestation. The usual route has three steps:
- Sign the document before a notary public in your state, with your passport as identification. Some Indian offices insist on a wet-ink signature, so avoid remote online notarisation unless we have confirmed it will be accepted.
- Obtain an apostille from the Secretary of State of the state where the notary is commissioned. Federal documents, such as an FBI background check, are apostilled by the US Department of State instead.
- Courier the original to India. It must be stamped under the Indian Stamp Act within three months of first arriving in India.
Indian nationals can also have documents attested at the Embassy in Washington DC or one of the consulates, which some sub-registrars still prefer for property powers of attorney. We tell you in advance which route the particular office in India accepts, so the document is not rejected after weeks in transit.
Most requested services from the USA
These are the six services American clients ask us for most often. Each page explains how the work is done from the United States, from the US notary and apostille step through to what happens in the Indian office or court.
Buying & Selling Property
Many US-based NRIs bought flats in India before emigrating and now want to sell, or are buying a home for retirement or for parents.
Power of Attorney
A properly apostilled power of attorney lets a relative in India act for you without a transatlantic trip.
Wills & Probate
Parents in India and children in America need wills and estate steps that work in both systems.
Company Setup for Foreigners
US founders and companies set up Indian subsidiaries for engineering, support and sales teams.
NRI Income Tax & DTAA
Rent, interest and capital gains in India must be reported in India and reconciled with your US return.
Divorce for NRIs
Marriages registered in India may not be dissolved in India by a US decree, so many couples divorce in India by consent.
US tax, the India-US tax treaty and moving money
India and the United States have a comprehensive tax treaty, in force since 1990, which allocates taxing rights and lets you claim credit for Indian tax against your US liability. The US taxes its citizens and green-card holders on worldwide income, so Indian rent, interest and capital gains usually appear on both returns. Indian bank and investment accounts also bring US reporting duties, such as FBAR and FATCA forms, and gifts or inheritances from a non-US person above USD 100,000 in a year are reported to the IRS on Form 3520. We work alongside your US accountant rather than replacing them.
On the Indian side, the buyer of your property must deduct tax at source, and money held in an NRO account can be repatriated up to USD 1 million per financial year with Forms 15CA and 15CB. Our page on NRI income tax in India explains the Indian filing in detail.
US court orders, divorce decrees and Indian courts
The United States is not a reciprocating territory under section 44A of the Code of Civil Procedure. A money judgment from a US state or federal court cannot simply be executed in India; you file a fresh suit on the judgment within three years of its date, and the Indian court tests it against section 13, which allows challenges for lack of jurisdiction, failure to decide on the merits, breach of natural justice, fraud or refusal to recognise Indian law.
Family orders face the same scrutiny. Under the Supreme Court's decision in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991), a foreign divorce is generally recognised only where the ground is one available under the law the parties married under and the respondent submitted to the foreign court's jurisdiction. A US divorce granted on irretrievable breakdown against an Indian spouse who never appeared may not end the marriage in India. Couples often prefer a mutual consent divorce in India, which is covered on our NRI divorce page. India is not a party to the Hague Child Abduction Convention, which matters in custody disputes.
Working with us from the United States
The time difference is the main practical challenge. India is nine and a half hours ahead of New York in summer and thirteen and a half hours ahead of California in winter, so a call at 8 pm Eastern is 5.30 or 6.30 am in India. We schedule consultations early in the Indian morning or late in the Indian evening so you do not lose a working day.
Most courts in India now permit video hearings and record evidence through video conferencing, which spares clients a transatlantic flight for a single date. Originals travel by international courier to our Mohali office; allow about a week each way. If a matter turns hostile, such as a criminal complaint by a spouse, take advice before travelling, because a Look Out Circular can stop you at an Indian airport.
More services for clients in the USA
Each of these has its own page written for clients in the USA, covering how documents are signed there and what happens in India.
- Property Disputes
- Title Search & Due Diligence
- Mutation & Transfer
- Partition of Family Property
- Encroachment & Illegal Possession
- Builder Delay & RERA
- Tenant Eviction
- Repatriation of Funds
- Legal Advisory for NRI Investors
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Criminal Defence & Look Out Circulars
- Succession Certificate
All services for clients in the USA
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in the United States
These missions attest documents for Indian nationals and handle passport and OCI work, some of it through an outsourced service provider.
- Embassy of India, Washington DC
- Consulate General of India, New York
- Consulate General of India, San Francisco
- Consulate General of India, Chicago
- Consulate General of India, Houston
- Consulate General of India, Atlanta
- Consulate General of India, Seattle
Frequently asked questions
Do I need an apostille or Indian consulate attestation for documents signed in the US?
An apostille from the Secretary of State of the relevant state is normally enough, since both countries are parties to the Apostille Convention. A few sub-registrars still prefer consular attestation for powers of attorney, so we check with the specific office first.
Can I use a remote online notary in the US?
Some Indian authorities have rejected electronically notarised documents. Unless we have confirmed acceptance for your matter, sign in person before a notary and obtain a paper apostille.
Can a US court judgment be enforced against someone in India?
Not directly. Because the USA is not a reciprocating territory, you sue in India on the judgment, usually within three years, and the defendant can raise the objections listed in section 13 of the CPC.
Will my US divorce be valid in India?
It depends on the ground and whether your spouse took part. A contested decree granted on a ground unknown to Indian law against an absent spouse may not be recognised, which can affect remarriage and property.
Can a US citizen of Indian origin buy property in India?
An OCI cardholder can buy residential and commercial property but not agricultural land, plantation property or a farmhouse. A US citizen without OCI or Indian origin generally needs RBI permission.
Do I have to file a US return if I pay tax in India?
Yes. US citizens and green-card holders report worldwide income and then claim credit for Indian tax under the treaty. Your US accountant handles the US side.
How long does a courier from the US to India take?
Usually five to eight working days with a major international courier. Keep tracking numbers and scan everything before sending.
Can my case be heard without me coming to India?
Often yes. Many courts allow video appearances and video evidence, and an attorney holder can manage the routine steps. Some stages, such as a mutual consent divorce statement, may still require your personal appearance, sometimes by video.