I live in New Jersey and need to execute a Power of Attorney in the USA for a property transaction in India.
My parents are in India, and I want to authorize my father to handle some of the paperwork for a residential property in Kerala. I won't be travelling to India in the next few months, so I'm trying to understand how to get the POA properly attested here in the US.
I have found several different instructions online, and I'm confused about which one applies.
Some websites say I should sign the POA before a US notary and then get it apostilled by the Secretary of State. Other information says Indian citizens can have the POA notarized and submit it to the Indian Consulate for attestation.
I'm still an Indian citizen and have a valid Indian passport. I also have a valid US H-1B visa. The POA will ultimately be used in India, not for any transaction in the US.
A few things I'm trying to clarify:
If anyone has recently completed an Indian POA attestation in the USA, especially for an Indian property transaction, I'd appreciate knowing what the actual process was.
My experience was from Texas, and the process changed when miscellaneous consular services moved to VFS.
The Consulate General of India in Houston currently says VFS Global is the service provider for miscellaneous consular services, including General Power of Attorney/Affidavits. Applications can be submitted by post or in person through the applicable VFS centre.
I would therefore not follow an old blog post telling you to mail everything directly to the Consulate.
I also had to provide copies of my passport and US immigration/residence documents. The exact checklist should be checked before sending anything because consular procedures can change.
One other thing: getting the POA attested by the Indian mission doesn't necessarily answer what happens after the document arrives in India. If the POA is being used for property registration, there can be separate stamping or registration requirements under the relevant state's law.
That second part caused more confusion for me than the US attestation itself.
I did this from California for a property matter in India, and the first thing I would check is your Indian Consulate's jurisdiction.
The process isn't necessarily the same as getting an ordinary US document apostilled. I initially assumed apostille was the route, but the Indian consular instructions for Indian nationals/OCI holders can be different from those for US nationals.
For example, the Consulate General of India in Chicago's published POA instructions say Indian nationals or OCI cardholders should first have the POA notarized before submission to the Consulate. The instructions also call for copies of the passport, valid US visa status and current US residence address.
The same instructions distinguish US nationals without OCI cards, who are instructed to have the POA apostilled by the relevant Secretary of State before submitting it.
So I wouldn't automatically apostille it just because you're in the US.
I would first check the current instructions for the Indian mission serving your state. Also make sure the POA itself has been prepared for the specific transaction. Mine had to be signed and witnessed, and I was asked for witness details.
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I'm in Chicago and recently looked into this for an NRI property transaction.
The Chicago Consulate's current information says Power of Attorney services are handled through VFS Global from August 1, 2025. It also says applicants must register through the relevant online consular-services system before an in-person or postal application.
Their published POA instructions also say the document needs to be signed and witnessed by at least two individuals, with their full names and addresses included. If witnesses aren't accompanying the applicant, their signatures need to be notarized before the applicant's visit.
So I would prepare the POA first, but don't sign it blindly using a random internet template. Find out what the Indian authority in the state where the property is located expects the POA to contain.
Then check the current VFS/Indian Consulate checklist for your state.
The US side and India side are separate parts of the process, and getting one completed doesn't automatically mean the document is ready for every purpose in India.