30 July 2024

Indian Power of Attorney

Powers of Attorney are important documents for dealing with affairs abroad, such as selling property. This is no different for India. Learn about Powers of Attorney for India in our helpful blog.

Estimated reading time: 5 minutes

In Britain, there is a large population of Indian people, many of whom will still have some ties to India, such as property, other assets, or deal with finances. Any Indian nationals in the UK should be aware of the Indian Power of Attorney.

Many of these people will possibly want to sell the property that they have back in India, to free up their funds and make progress to permanently settling in the UK. An Indian Power of Attorney can be useful to have in this situation.

It is not easy to fly all the way back to India to deal with selling the property yourself when you have settled in the UK, in a new home, with a new job. You would have to uproot your life in the UK to be able to deal with the whole process, to then come back to the UK.

That is why you should know all about the Indian Power of Attorney, which allows you to empower another person to deal with your property abroad for you. Read on to find out how an Indian Power of Attorney works, how to get one, and how we can help you.

How does an Indian Power of Attorney work?

Like any other Power of Attorney, you will be able to empower someone to act on your behalf. Before you can do this, you will need to prove that you have the mental capacity to be able to get someone else to carry out your will on your behalf.

This is to prove that you are not being manipulated or influenced by someone else to empower them.

Anyone you assign to carry out your will is known as an attorney, and they can deal with selling your property or other assets in your absence. Also, please be aware that you can

Finally, before it is accepted as a valid document, your Power of Attorney will need to be seen, stamped and signed by a Notary Public. We can help you with this.

Types of Indian Power of Attorney

Every country has some types of Powers of Attorney in common, but many have one or two that are unique to just them.

There are three main types of Indian Power of Attorney that you should be aware of, so that you know which one is the best for you.

The three types are:

General Power of Attorney – This is the most common type of Power of Attorney, and can be used for a range of things, such as to manage property or finances abroad. It gives broad powers to the attorneys you empower.

Special Power of Attorney – The Special Power of Attorney is for more specific situations, with limited powers. It clearly defines what the tasks to be carried out by the attorneys are. This may be the best one for you if you want to deal with, for example, property and nothing else.

Limited Power of Attorney – As the name suggests, this is the most limiting of the three types that allows you to assign limited powers, for a limited amount of time. This is best suited to dealing with one specific action that should not take long, such as a financial transaction.

You will have to decide which of the three is best for your specific situation.

How to get a Power of Attorney

To get an Indian Power of Attorney, someone will have to draft it for you, or you can draft it yourself. There may also be websites that allow you to draft documents, but these may not always be drafted accurately.

We suggest that you get it drafted by a legal professional, such as a Notary Public, as they will have the knowledge of what important information needs to be included.

For example, we have a drafting team that have years of experience creating documents for clients that have always been accepted by foreign jurisdictions, including India.

What information is included on a Power of Attorney?

Your Indian Power of Attorney will need to have a few general but important details for it to be a valid document.

The document should include:

Your name
Your address
Names of your attorneys
Details of the power you are giving your attorneys
Your signature

Other important details will depend on your specific situation, and relate to, for example, if you are empowering your attorneys to sell property, manage finances, or something else.

FAQ

Who should I choose to be an attorney?

You should choose someone you know and trust to carry out your will. We recommend assigning more than one attorney, so that everything is carried out properly, just in case the sole person tries to do something they should not.

How do I send my Power of Attorney to India?

If your assigned attorney is based in the UK and will be flying to India, then you can send the Power of Attorney with them. This may be the best option, otherwise, you will have to use an international courier. With it being such a long journey, the Power of Attorney could get lost or damaged if you use a courier.

Will my Power of Attorney need to be legalised?

Yes, you will need to put your Indian Power of Attorney through the legalisation process after it has been notarised. India accepts apostilles, which you can get from the Foreign, Commonwealth and Development Office (FCDO). Legalising your document ensures that it is given equal legal weight to documents made in India.

How we can help

With the help of our Notary Public of England and Wales, Nathan Woodcock, you can get your Indian Power of Attorney notarised and legalised for use in India.

You can contact us to book an appointment with Nathan at one of our offices in either London, Manchester or Sheffield. However, if you cannot make it to one of our offices, you can instead use our mobile notary service to meet Nathan at a suitable time and place of your own choosing.

For legalisation, we can manage the whole process of getting an apostille from the FCDO, for you. We have a standard apostille service and a fast-track service; you can choose which option you want to use based on how urgent your matter is.

In addition to the above services, our drafting team can draft your Indian Power of Attorney for you, so you do not have to worry about doing it yourself.

Get in touch with us today for our help with drafting and notarising your Indian Power of Attorney.