For use in India, sign the power of attorney before a notary public in your state, then obtain an apostille from that state's Secretary of State. Send the original to India, where it must be stamped within three months of arrival. Indian nationals may alternatively sign before a consular officer at the Embassy or a Consulate General of India in the US. Use a specific power for each property or case; general powers are often refused by sub-registrars and banks.
- 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
- Recognition
- Section 33, Registration Act 1908
- Authentication
- Indian mission, or notary plus apostille
Power of Attorney from the USA: how it works
We draft the power on Indian stamp paper format conventions but for signature in America, naming you, your attorney holder, the property or case, and each act authorised. You print it, sign before a notary public with your passport, and the notary's commission is then apostilled by the Secretary of State of that state, for example the New York Department of State or the California Secretary of State. Each state has its own forms, fees and turnaround times, and several accept mail-in requests. Avoid notarising in one state and applying for the apostille in another, which will be refused.
Once the original reaches India, it must be adjudicated and stamped by the Collector within three months under the Indian Stamp Act, with the duty depending on the state and the type of power. For property sales, many states also require the power to be registered or verified, and some sub-registrars ask for photographs and identity documents of the principal attached to it. We check those local requirements before you sign, which avoids the common problem of a US-signed power being returned because a photograph or thumb impression was missing.
What clients in the USA should know
- Remote online notarisation is lawful in many US states, but Indian offices often want a wet-ink signature and a paper apostille, so do not rely on it without confirmation.
- A US citizen signs as a foreign national, so the power should describe your OCI status and passport details accurately to avoid questions at registration.
- If you later revoke the power, notify the attorney holder and the relevant Indian offices in writing, and keep proof of service.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the USA where needed.
The full guide
This page covers what changes when you are in the USA. For the law, the documents and the step-by-step procedure, read our main page on Power of Attorney, or see all services for clients in the USA and the Inheritance & Documents practice area.
Questions from clients in the USA
Is a US notary enough on its own?
No. Without an apostille or consular attestation, an Indian court or registrar is unlikely to accept the document as validly executed abroad.
Which US authority issues the apostille?
The Secretary of State, or equivalent office, of the state where the notary is commissioned. Federal documents are apostilled by the US Department of State.
Can one power of attorney cover several matters?
It can, but separate specific powers for each property or case are accepted more readily and limit the risk of misuse.