Powers of Attorney For India
Those living in Canada who own property in India, have bank accounts or other legal dealings in India often find themselves in complex legal situations as the legal procedures in India can be quite different compared to Canada. A Power of Attorney can help reduce travel frequency and hassle and make life easier for such individuals.
The content and structure of the Power of Attorney document is vital. You must ensure that the content is clear and concise to ensure that the Attorney can carry out the intended tasks. The contents of the Power of Attorney must adhere to Indian Law. If the local authorities or officers in India find the contents of the Power of Attorney ambiguous, they may refuse to process the desired work.
Your Attorney in India may also send you the drafted Power of Attorney. If you choose to take this option, it is strongly recommended that you have a professional Indian legal advisor to review the Powers you are giving in the document.
Luckily, our Notary is on file to prepare Indian Powers of Attorney.
The following information is required to prepare an Indian Power of Attorney:
- Full legal name
- Proof of address (ie. driver’s license)
- Father’s legal name
- Two recent passport-sized photos
The following information is required to the person you are appointing as your Attorney:
- Full legal name
- Passport number
- Date of Birth
- Father’s name
- Address(es) of the property that you are giving power over
After the document is drafted professionally, the next step will be to legalise it for use in India. Without adhering to the specific legalities of this process, the Power of Attorney document will not be accepted by the Indian authorities.
Authentication – the Power of Attorney is sent to the Ministry of Attorney General OIC Administration Office for authentication with along with a fee of $30.00. It is then returned to the Notary office.
Attestation – the Power of Attorney is sent to the Indian Consulate to attestation along with a bank draft in the amount of $28. It is them returned to you for use in India.
Your Attorney will need to register the Power of Attorney in the offices of the Sub-Registrar of the relevant area in India. Your Attorney will be required to present and submit evidence of his/her identification alongside the Power of Attorney. A small fee will also be payable to process the document.
Once the Indian Power of Attorney has undergone the legal formalities as described above, it becomes active and your Attorney can use the document for its intended purpose.