Table of Contents

1. Overview
2. Power of Attorney in the USA
3. Power of Attorney in India
4. Appointing a Power of Attorney in India from Overseas
5. Answering Common Questions

Overview

A Power of Attorney (POA) is a legal document authorizing a designated individual to act on behalf of another. While the document is relatively simple to create in the United States, the process can be more complicated when one party is located overseas. This guide is intended to provide an overview of the process of handing over a power of attorney in India from the United States.

Power of Attorney in the USA

In the United States, the POA document is typically known as a Durable Power of Attorney (DPOA). This document is relatively straightforward to create, and it allows the individual granting the POA (the principal) to appoint a second individual (the agent) to handle legal, financial, and other matters on their behalf. For the document to be legally binding in the United States, it must be signed by the principal and two witnesses.

Power of Attorney in India

In the India, the POA document is known as a General Power of Attorney (GPA). This document is also relatively straightforward to create, and it allows the individual granting the POA (the principal) to appoint a second individual (the agent) to handle legal, financial, and other matters on their behalf. It is important to note that the GPA must also be registered with the local sub-registrar office. The document must be signed in the presence of two witnesses, and the witnesses must sign the document in the presence of the principal.

Appointing a Power of Attorney in India from Overseas

It is possible to appoint a Power of Attorney in India from overseas. The process is the same as it is for appointing a Power of Attorney in India from within the country, but the principal must ensure that they have a valid form of identification, such as a passport, and that they are able to provide the necessary documents to the relevant authorities. Additionally, the principal must arrange for the agent to sign the GPA in the presence of two witnesses, who must also sign the document in the presence of the principal.

Answering Common Questions

How can I give someone in India a power of attorney while overseas?
It is possible to appoint a Power of Attorney in India from overseas. The process is the same as it is for appointing a Power of Attorney in India from within the country, but the principal must ensure that they have a valid form of identification and are able to provide the necessary documents to the relevant authorities.

Is a power of attorney from USA valid in India?
A Power of Attorney from the United States is not valid in India. The principal must appoint a Power of Attorney in India in order for it to be legally binding in the country.

Can NRI make power of attorney in India?
Yes, Non-Resident Indians (NRIs) can make a Power of Attorney in India. The process is the same as it is for appointing a Power of Attorney in India from within the country, but the principal must ensure that they have a valid form of identification and are able to provide the necessary documents to the relevant authorities.

Can you do power of attorney Online India?
No, a Power of Attorney in India must be signed in the presence of two witnesses, and the witnesses must sign the document in the presence of the principal. Therefore, it is not possible to create a Power of Attorney online in India.