Power of attorney for use in India
Sending a POA to India from the Bay Area. Notarization here, the apostille you file yourself, and the steps that follow in India.
Now booking. Call (925) 319-8855.
You need someone in India to sell a property, manage an account, deal with an inheritance, or appear on your behalf. So you need a power of attorney.
This is the most demanding document on the India list, and the one people most often get wrong. Read this before you sign anything anywhere.
Read this first: where the notary's part endsLink to this section
The notary part:
- Notarize the POA — check ID, watch you sign, take your thumbprint, stamp it.
That is it. The notary's part ends there.
Not the notary part — and this is what people miss:
The apostille. Only the California Secretary of State can issue one, so India will recognise the notary's signature only once you have filed for it yourself. Official instructions and addresses, including the same-day Sacramento office →
Once your POA is apostilled and arrives in India there are usually further steps there. Depending on what it is for and which state it is going to, that can include stamp duty, adjudication at the sub-registrar's office, or registration — often within a set time after it arrives.
A notarized and apostilled POA is frequently not the finished article. For property matters especially, the work done in India decides whether it is accepted.
What to do: talk to a lawyer in India, or to the person who will use the POA, before you sign anything here. Ask exactly what wording they need and what they will do with it on arrival. Then bring that.
This is said plainly because a POA that has to be redone costs weeks and a lot of money.
What a POA is usually forLink to this section
- Selling or buying property in India
- Managing a property — renting, tenants, taxes
- Bank and demat accounts
- Inheritance and succession
- Company or business matters
- Court cases — appearing on your behalf
- General matters while you are abroad
Get the wording from India, not from a templateLink to this section
A California notary cannot write your POA. Notaries are not permitted to draft documents, and a POA is far too consequential for something found online.
The wording should come from:
- Your lawyer in India, or
- The bank, registrar or authority who will act on it
Ask them for the exact text, then bring the printed document.
What the appointment involvesLink to this section
About 20 minutes.
- Photo ID checked. Which IDs work.
- Official journal entry.
- Right thumbprint taken. California law requires a thumbprint in the notary journal for every power of attorney. Every notary in the state does it. The ink wipes off.
- You sign, in front of the notary.
- Certificate completed and stamped.
More than one person granting the POA — a husband and wife who jointly own a flat, for example — means everyone signs, everyone brings their own photo ID, and everyone gives a thumbprint.
WitnessesLink to this section
Some POAs intended for India ask for witnesses as well as a notary. Not the same thing — a witness is an ordinary person who watches you sign and signs the document too.
Check your wording. If there are witness lines, say so when booking. [Confirm your witness policy and fee.]
Then the apostille — yours to fileLink to this section
India accepts apostilles, so a California POA that has been notarized and then apostilled by the California Secretary of State is generally recognised. Consulate legalization on top is usually unnecessary.
Filing for the apostille is not something a notary does — it is a separate step you take directly with the state, after notarization here.
- $20 per apostille to the state
- Same-day service available in person in Sacramento
- Or by mail — check current processing times
Official instructions, addresses and same-day office locations →
Getting it to IndiaLink to this section
Once apostilled, the original has to physically travel. Most people courier it themselves — FedEx, DHL or USPS all handle it.
- Send the original. A scan will not be accepted for property matters.
- Watch the clock. Some Indian states expect a POA executed abroad to be stamped or registered within a set period after arrival. Ask your lawyer in India what that window is before posting it.
CostLink to this section
| Notarization | $10 per page |
| Travel, if we come to you | $75 flat |
| Apostille | $20 to the State of California, paid directly when you file |
QuestionsLink to this section
Can I just email a scan to India? For most property matters, no. The original with the apostille attached must go.
Can I sign it in India instead? If you are travelling there, often simpler — you can execute it locally. Worth asking your lawyer which route suits your case.
Can the notary be my witness? A notary should not also witness the same document. Separate witnesses are the answer.
My parents in India need to give me a POA. That one is executed in India and apostilled there by the Indian Ministry of External Affairs. Nothing in California can help with an Indian document.
How long does the whole thing take? Notarizing, 20 minutes. Same-day apostille in Sacramento means a couple of days end to end. By mail, longer.
Book nowLink to this section
Call (925) 319-8855.
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General information, not legal advice. Not a law firm, not affiliated with the Government of India. Nobody here can draft your power of attorney or advise you on Indian law, stamp duty, or registration. Speak to a lawyer in India before you sign.