How to sign a power of attorney abroad
Choose where you live to see the signing route for a power of attorney meant for use in India: a notary and apostille, or an Indian embassy or consulate. The steps then continue in India with stamping and registration. Check the route with an advocate before you sign, since a mistake can mean starting again.
This is general information, not legal advice for your situation. What you type stays in your browser unless you choose to send it to an advocate.
Step 1: where you will sign
USA
Apostille Convention member since 15 October 1981.
- Sign before a notary public in your state, with your passport as identification. Do not sign in advance.
- Take or send the notarised document for an apostille from the competent authority in the same state, generally the Secretary of State’s office. Your state’s office will say whether any county step comes first.
- Send the original with the apostille to your attorney or advocate in India by a tracked courier.
The US Office of Authentications deals with federal documents. A document notarised in your state normally goes to your state’s authority.
Official pages:
Status from the HCCH table, November 2026. Fees and centres change, so check the official page before you go.
Step 2: once it reaches India
These are the Maharashtra rules. Stamp duty and registration are state subjects, so another state may differ. Your advocate can confirm the rule for the state where the property is.
- Note the arrival date. Keep the courier record, since the stamping period runs from the date the document is first received in Maharashtra.
- Pay stamp duty within three months. Section 18(1) of the Maharashtra Stamp Act allows a document executed only outside the state to be stamped within three months after it is first received there. Article 48 sets the duty: Rs 500 for a power to sell given without consideration to a listed close relative, and the conveyance rate on market value for a power to sell given to anyone else or for consideration.
- Adjudication, where needed. The Collector of Stamps can decide the proper duty under Section 31. Section 31(4)(ii) and Section 32(3)(b) both turn on the document being brought within three months of first receipt. Payment is commonly made through the state’s GRAS portal.
- Registration. An irrevocable power relating to transfer of immovable property must be registered in Maharashtra. A document executed abroad may be accepted for registration if it is presented within four months after its arrival in India, under Section 26 of the Registration Act, 1908. Other powers may not need registration, though your registry or bank may still ask.
- Using it at the Sub-Registrar. When your attorney presents a deed, the power must meet Sections 32 and 33. The Supreme Court said in Manik Majumder v Dipak Kumar Saha (2023) that the conditions in Section 33(1)(c) must be strictly complied with where title depends on such a power.
The maker for the document is at power of attorney maker. Stamp duty depends on who your attorney is, so settle that before you sign.
A point to settle before you choose
Section 33(1)(c) of the Registration Act and Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 name a notary public and an Indian consul or vice-consul. High Courts have read the notary part differently for foreign notaries.
- In Margret v Joseph Mathew Chettupuzha (31 July 2025), the Kerala High Court, on a power notarised in Missouri, held the presumption of authenticity does not arise without proof that the country reciprocates under Section 14 of the Notaries Act, 1952.
- In Dr Elizabeth Rajan v Inspector General of Registration (2 February 2022), the Madras High Court said Section 14 does not control the presumption for foreign notaries.
Neither judgment settles the question across India, and the Kerala judgment does not discuss the apostille. So raise it with your advocate, especially if the document may be used in a court. The Indian mission route avoids the point, since the statutes name the Indian consul directly. You can book a call through the advocate check form above.
Common questions
Do I need an apostille on a power of attorney for India?
Section 33(1)(c) of the Registration Act, 1908 recognises a power of attorney made abroad before a notary, court, judge, magistrate or Indian consul or vice-consul. An apostille confirms the notary’s signature where both countries are in the Convention. The Indian mission route does not use one. Ask an advocate which suits you.
Which Gulf countries are in the Apostille Convention?
The HCCH status table, checked in November 2026, lists Oman from 30 January 2012, Bahrain from 31 December 2013 and Saudi Arabia from 7 December 2022. The UAE, Qatar and Kuwait are not listed. In those three, the route to plan around is attestation at the Indian embassy or consulate.
Is Canada a member of the Apostille Convention?
Yes. The HCCH status table shows the Convention came into force for Canada on 11 January 2024. Global Affairs Canada issues apostilles, and British Columbia, Alberta, Saskatchewan, Ontario and Quebec have their own competent authorities for documents from those provinces. The older route of consular legalisation is no longer the only option.
How long do I have to stamp the power of attorney in Maharashtra?
Section 18(1) of the Maharashtra Stamp Act allows an instrument executed only outside the state to be stamped within three months after it is first received in Maharashtra. Keep proof of the date it arrived. Section 32(3)(b) limits the Collector’s endorsement once those three months have passed, so ask an advocate early.
Is a foreign notary enough for a power of attorney used in India?
High Courts have differed. In 2025 the Kerala High Court required proof that the country is reciprocating under Section 14 of the Notaries Act before presuming authenticity. In 2022 the Madras High Court said Section 14 does not control that presumption. Indian consuls are named in the statute, so ask an advocate before choosing.
Can an OCI holder use the Indian embassy route?
It depends on the mission. The Embassy of India in Bahrain and the Embassy of India in Muscat both say they attest documents for Indian citizens and OCI card holders who live there. Other missions may word their rules differently. Check the mission’s attestation page for your city before you book, and carry your OCI card.
- Apostille Convention, status table, HCCH
- Apostille competent authorities, HCCH
- Get your document legalised, GOV.UK
- Document authentication, Government of Canada
- Attestation services, Embassy of India, Abu Dhabi
- Attestation, Embassy of India, Riyadh
- Attestation, Embassy of India, Bahrain
- Attestation services, Embassy of India, Muscat
- Passport and miscellaneous services and fees, Embassy of India, Doha
- FAQs on attestation, Embassy of India, Kuwait
- Maharashtra Stamp Act, Sections 18, 31 and 32, Inspector General of Registration, Maharashtra
- Maharashtra Stamp Act, Schedule I, Article 48, Inspector General of Registration, Maharashtra
- Registration Act, 1908, Section 33
- Registration Act, 1908, Section 26
- Manik Majumder v Dipak Kumar Saha, Supreme Court, 13 January 2023
- Margret @ Thankam v Joseph Mathew Chettupuzha, Kerala High Court, 31 July 2025
- Dr Elizabeth Rajan v Inspector General of Registration, Madras High Court, 2 February 2022