Following our previous post on Indian Power of Attorney Frequently Asked Questions, we cover part 2 of the same topic. This post addresses the most common questions surrounding the process of creating, notarising, and attesting an Indian Power of Attorney while you are residing in the UK.
Can I use a UK Power of Attorney in India?
No, a UK Power of Attorney cannot be used in India. You must create a Power of Attorney under Indian law.
Do I need to get my Power of Attorney notarised?
Yes, it is essential to get your POA notarized. Under section 85 of the Indian Evidence Act of 1872, a POA executed in front of a Notary Public is presumed by courts in India to be valid and authenticated.
What does a notary public do with my Power of Attorney?
The Notary’s role is to verify your identity and ensure that the signature on the document is yours, thereby minimising the risk of fraud. The notary will then stamp the Power of Attorney with their signature and credentials.
Does anyone else need to sign my Power of Attorney?
Yes, you will need two witnesses who will sign the document along with you at the notary public. These witnesses should not be relatives or beneficiaries of your situation, for example, joint property holders.
Do I need to print my Power of Attorney on stamp paper or plain paper?
An Indian Power of Attorney executed in the UK may usually be printed on plain paper. Your adviser in India may advise you on whether a stamp paper is required in your case for a specified reason.
Is notarisation alone sufficient for a Power of Attorney to be used in India?
No, notarisation alone is not enough. After your POA has been notarised, it must also be further authenticated, as you will be executing the POA from the UK.
Shall I get my Power of Attorney Apostilled by the FCDO or attested by the High Commission of India?
Whilst India is a member of the Hague Convention, technically, you may have your POA authenticated by the UK Foreign, Commonwealth & Development Office (FCDO). Since 2004, India has become a member, abolishing the legalisation requirements of foreign public documents. However, authorities in India may still require attestation from the High Commission of India. It is recommended to contact the registering authority in India to confirm their requirements.
How do I obtain an Apostille for my Power of Attorney?
After having your Power of Attorney notarized, you can submit it to the UK Foreign, Commonwealth & Development Office to get your document legalised.
However, authorities in India may still require attestation from the High Commission of India.
How do I attest my Power of Attorney from the High Commission of India?
After having your Power of Attorney notarized, you can apply for attestation of your Power of Attorney by preparing an application and attending an appointment with the High Commission of India.
Do I need to register my Power of Attorney in India?
Yes, in most situations, particularly when dealing with property transactions, your POA must be registered with the Land Registry in India within 90 days of notarisation. The registration process ensures that the POA is formally recognised for property-related matters.
Can I create my own Power of Attorney, or do I need a lawyer to draft it?
While it is technically possible to draft your Power of Attorney, it is highly recommended to seek professional assistance. An experienced adviser will draft your Power of Attorney as per the Indian law language and structure necessary for it to be accepted in India. Furthermore, a valid Power of Attorney is a legally binding document, hence it is vital to ensure that the scope of authority is well understood and defined as per your requirements. Please see our POA Pack Service for professional assistance.
How do I choose the right Attorney?
When choosing an attorney, consider their experience, expertise, reputation, and communication skills, above all it is important to have a trusting relationship with them.
What documents do I need to make an Indian Power of Attorney in the UK?
The documents required to make a Power of Attorney will depend on your circumstances, typically you will need a recent passport-sized photograph, a valid passport and recent address proof.
Is an Indian Power of Attorney valid after death?
No, an Indian Power of Attorney becomes invalid upon the principal’s death, as it only grants authority for actions during the principal’s lifetime. Once the principal passes away, the Power of Attorney is no longer effective.
Does Whytecroft Ford provide notary services?
We do not offer notary services.
How Whytecroft Ford can help?
Granting a Power of Attorney is an essential tool for managing your affairs in India while living in the UK. While the process of creating may seem complicated, understanding the key steps can help you avoid potential delays and legal challenges.
For professional assistance with your Indian Power of Attorney contact our experienced team on 0208 757 5751 or use our contact form.
