Power of Attorney for NRIs: Notarisation, Apostille and Stamp Duty Explained
A POA signed abroad follows a different validity path than one signed in India. Here's what actually needs to happen before it's usable here.
Why a POA signed abroad needs extra steps
A Power of Attorney executed outside India isn't automatically valid for use before Indian authorities. It typically needs to be notarised in the country where it's signed, and then either apostilled (for countries that are part of the Hague Apostille Convention) or attested through the Indian embassy or consulate (for countries that aren't).
What happens once it reaches India
After the POA arrives in India, stamp duty is adjudicated, essentially, the document is presented to the relevant authority so the correct duty is assessed and paid, before it can be relied on for a property transaction or other formal use.
General vs. special POA for NRIs
A general POA grants broad authority and is rarely the right choice for a one-off matter. A special or limited-purpose POA, restricted to a specific transaction such as a single property sale, is usually the safer and more commonly recommended structure for NRIs who won't be present for the transaction themselves.
Common questions
This depends on whether the country is a signatory to the Hague Apostille Convention; the requirement differs by country and can change, so it's worth confirming for your specific location at the time.
It depends entirely on how the powers are drafted; a POA limited to property matters won't automatically extend to banking unless it's specifically included.
Need this handled properly, not just explained?
Every situation has details a general guide can't cover. Talk to us before you act.