Although India is signatory to the Hague Convention, in certain cases it still requires that documents be attested in addition to obtaining an apostille. Further, the High Commission of India, which attests public documents as legal for use in India, often requires that a number of supporting documents be sent alongside the document which is to be legalised. Read on for a brief guide to legalising a Power of Attorney for use in India.
Because the attestation process is not standardised as it is for the Hague Apostille, the specific requirements vary by type of document. It is always best to check directly with the High Commission for up-to-date information on what supporting documents you require and whether or not they need to be apostilled, as this is subject to change. Bearing that in mind, in this article, we will look at what one generally needs when legalising a Power of Attorney (PoA) for use in India.
A PoA has many uses, both personal and commercial. Essentially, a PoA is a document which appoints an agent of your choosing who is then permitted to undertake legal actions on your behalf. This can be useful in a number of overseas dealings, such as buying and letting property, or doing business. Because a PoA is not issued by an official body, it has to be certified in order to be legally recognised. Whether your PoA requires certification by a solicitor or by a notary public will depend on several factors (see: Solicitor Certification vs Notarisation), but you should be informed of which is required.
The PoA must be signed by two witnesses. Sometimes, the solicitor or notary will be counted as one of these, while the other can be any individual who is present at the signing and willing to give their details (full name, address, and, in the case of the High Commission, passport number). In some cases PoAs for India can simply be apostilled. However, in other cases, they must be attested at the High Commission. When necessary, this where one additional step comes in: the Indian High Commission requires that copies of each of the witness’ passports be sent in support of the PoA. [1]
– If the witness(es) are Indian nationals, these copies must be self-attested,
– If the witness(es) are not Indian nationals, these copies must be apostilled by the Foreign, Commonwealth and Development Office (FCDO).
Please note that passport copies must first be certified, or they will not be accepted the FCDO.
While we are not currently able to pose applications for attestation by the Indian High Commission on your behalf, we are happy to help with any processes your documents may require in preparation, including the arrangement of notarisation, certification by solicitor, legal translation, and express Apostilles for passport copies and the PoA itself or any other documents required of you. Once you know what you need for your application, please feel free to get in touch – we can arrange these services promptly and, in most cases, have your documents back with you on the same day.