Indian Power of Attorney in the U.S. — 2026 Guide

A power of attorney signed in the United States for use in India has to cross two separate hurdles. The first is authentication, either by consular attestation through VFS Global or by apostille from the state that notarised it. The second, which catches people out far more often, is stamping in India within a strict deadline.

Quick facts

Which route you use depends on your passport. Indian passport holders normally take the consular attestation route; a U.S. citizen who turns up at a consulate instead of getting an apostille is sent away.

Fees breakdown

Under the Indian Stamp Act, an instrument executed outside India must be stamped within three months of first being received in India. Miss that window and the document can be impounded, with duty and a penalty collected before it can be used at all.

How to do it

1. Have the draft prepared by the lawyer in India who will use it, with the powers described precisely.
2. Print it without signing, and follow the VFS checklist for attestation, or have it notarised locally if you are taking the apostille route.
3. Sign before the consular officer, or before the U.S. notary, as the route requires.
4. Complete the authentication and collect the original.
5. Courier the original to India and keep the airway bill, because the delivery date starts the three-month clock.
6. Have your attorney present it to the Collector of Stamps for adjudication and pay the duty assessed.

Required documents

• Valid passport of every executant, with copies.
• Proof of lawful U.S. status and of address in the jurisdiction.
• The unsigned draft, complete, with no blanks.
• Identity details of the person receiving the power.
• Property or account details the power concerns.
• Photographs where the checklist requires them.

Where to file

Through the VFS centre paired with the mission covering your address. Attestation moved to VFS in August 2025 and is no longer done at consulate counters.

Additional notes

Registration at the sub-registrar

A power authenticated by a consular officer is recognised for presenting documents for registration, but individual sub-registrar offices sometimes demand additional endorsements. Confirm with the specific office before the transaction date.

Be specific

Generic wording is the usual reason a power is refused by a bank or a registry. Describe the property, the account and the acts authorised.

Certified copies

Give a certified copy to everyone who will rely on the power and keep the original with your lawyer or in a deposit box.

Revocation

Revoking a power requires a further authenticated instrument, and notice has to reach whoever holds the original. An old general power left standing is a real exposure in property matters.