Power of Attorney by Indian Origin US Citizen with US passport need apostile and attestation?


(Anonymous) #1

My daughter (PIO), an US citizen, wants to execute POA in my favour (resident Indian) for her property in Gurgaon, Haryana, India.

My question -
Does the US passport holder, even if a PIO, require the POA attested by Indian Consulate in New York after getting the document apostilled at her place of residence?


Power of attorney for property in India need both Apostile & Embassy Attestation?
(Anil Gupta) #2

Apostile is good to have but not mandatory for US Citizen

The attestation or power of attorney process is same for US citizen as well, except that ‘Apostile’ is good to have before going to Indian embassy for attestation.

Legally, Indian Embassy Attestation Not required if Apostiled

Technically and legally, a US citizen only needs to get the PoA apostiled from his/her state of secretary and that’s enough.

But, to be very frank, In India, they may or may not accept only the apostiled document.
USA and India have an agreement where an apostiled document is legally acceptable in courts and all government offices of India.

But, The Indian consulate website itself mentions somewhere that it is advisable that you get documents attested as the Indian Registrar’s office (where you would need to register the PoA in your Indian state) may not know about the apostiled rule and hence may not entertain your request!

So, I would also suggest you to get it attested before sending it to India, just to save time and extra hassles there. Otherwise, you don’t really need it.


(Philip Cherian) #3

I read a lot of the comments but still confused. One information from couple of these replies is not true . You can never sign / or attest anything after Apostile is done. Apostile always has to be the final step.

If i have to take the route that a notary attestation and apositle is the only things required, one can get it notarized by any notary in the state, go to the capital and the apositle section will accept that and you will get it back with an apostile stamp on a seperate sheet attached to that document with the state secretary’s signatue.

So if you need to get the document attested at the embassy, do a notary first , get the attestation at the consulate and then submit the document for apostile at the state headquarters. There are also mobile notary and apostile services and they will do everything and bring it back to you but is expensive.

This is my understanding … Any other feedback is welcome. The big question i have is if i could do a notary and apositle , do i still need to get embassy attestation .


(Anil Gupta) #4

If you have read the link shared above, it has the clear answer to the need of Indian embassy attestation after or before Apostile (as you wish).

It is your choice if you want to get attestation or not based on how confident you are with your regional Indian Government office.


(Philip Cherian) #5

Understood. All i am trying to say here is that you cannot further correct / attest or do anything with an apostiled document. It has to be the last step. Thanks /


(Anil Gupta) #6

That’s correct and you do not even need Indian embassy attestation.

But, you may be forced to get it if Indian authorities do not accept the apostiled document.

As per my information, you have to get the Apostile first and then go for Indian Embassy attestation as is the requirement specifically in case of SFO Indian embassy.


(Philip Cherian) #7

Notary first is understandable but apostile first is confusing. I have done apositle of several documents and one thing they clearly tell you is that you cannot correct/change / alter that document in any way - Not even take the stapled pin… SFO rule is surprising… Anyway thanks for your inputs - I will try to get first notary, then embassy and then apostile the document which seems to be the safe and best route.

Another rule for property transaction is that you have to also get the OCI card Attested at the embassy. This has to do with the fact that a foreign national is not allowed to own agricultural property unless he is of indian origin and has an OCI card. Rules keep changing everyday in india.

Dont want to waste more of your time// I think i have to finally take a flight which is the best option of all .

thanks/ regards,