← ALL TOPICS

Signing from abroad: what a Power of Attorney must actually say

I cannot fly to India for the registration. What must the POA contain, and who must accept it?

Specific beats general

A general POA invites refusal: banks and sub-registrars are wary of authority not tied to a particular asset and a particular act. A special POA that names the property, the counterparty and each power separately — execute, present for registration, receive consideration, sign affidavits — is what actually gets accepted.

Execution abroad has a chain

A POA executed outside India normally needs notarisation where it is signed, then authentication — an apostille where the Hague Convention applies, consular attestation where it does not — and then adjudication and registration in India, because a document affecting immovable property generally has to be registered where the property sits.

The attorney is a fiduciary, and the exposure is real

The holder can do exactly what the document permits and nothing more — but within that, everything. That is why powers are drafted narrowly, why the original is registered rather than circulated, and why only a certified copy travels.

Ask these, in this order

  • Does the draft name the property, the counterparty and each power separately?
  • Which authentication applies where I am — apostille or consular — and does the sub-registrar accept it?
  • Who will present it for registration in India, and what stamp duty applies in that state?
  • Is the original held by the attorney, and is a certified copy sufficient for the bank?

What this page does not cover

  • Drafting the document, or the stamp duty amount in your state
  • Formalities required by the country you are signing in
  • Whether a specific institution will accept a specific POA

General information, dated October 2026, not tax or legal advice. Confirm every figure with a chartered accountant before you act.