6. Special note regarding Power of Attorneys for use in India and in particular in Punjab

Please note that in 2005, India became a signatory to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Therefore, for India, including Punjab, you do not need to to have the Power of Attorney ("POA") legalised at the High Commission of India ("HCI"). All that is required is that you have the POA notarised by  a Notary Public and then Apostilled pursuant to the Hague Convention at the Foreign and Commonwealth Office.  This Convention applies to whole of India and not just a particular State. 

In regard to Punjab State, the Government of Punjab had issued a notice to this effect on 5 August 2010 but some officials were still asking for the legalisation at the HCI. However, following my emails with Mr. N. S. Kang, Financial Commissioner Punjab, Mr. Kang had very kindly intervened and issued further instruction letters to the Divisional and Deputy Commissioners in November 2013 instructing them that if the POA has been notarised and Apostilled, the officials at the District level must not ask for the POA to be legalised at the HCI. For the clients who have their documents notarised at my office, I can provide copies of the notices the Financial Commissioner has served. 

However,please check with the recipients as in some cases, lawyers/agents insist on legalisation at the High Commission, which will involve your attending their office personally. Please check thei website for their latest requirements and procedure.

You will also need to have the photo-page of your passport certified as a true copy and notarised as this is required by the Government of Punjab. Therefore, the passport must be a valid passport. Some banks also require your proofs of address and payslips notarised well, but please check with the recipients for their specific requirements.

The Power of Attorney must be embossed/stamped within three months at the Commissioner or District/Divisional Commissioner's office in India, including Punjab; failure to do so will mean that you will have to do the Power of Attorney again in accordance with above procedure. The three months period starts from the date on which you make and sign the POA in the presence of the Notary Public.  

I can prepare and notarise the Power of Attorney and copy of your passport. Generally a power of attorney prepared and notarised by me will work out cheaper than that prepared by another lawyer and just notarised by me. But I can also notarise a Power of Attorney prepared for you by another lawyer and notarise a copy of the photo-page of your passport.  I can arrange to have the power of attorney legalised at the Foreign, Commonwealth and Development Office (formerly the Foreign and Commonwealth Office). This takes approximately 5 working days. 

THE GENERAL REQUIREMENTS FOR THE POA FOR INDIA ARE:

1.    The information required for the person giving the POA:

        a.    Original and valid passport.

        b.    Proof of address

        c.    Passport size photograph. Must be less than three months old.

        d.    Father's or if married woman, husband's full name.

     e.    Two witnesses.

2.    The information required for the person being authorised:

a. Full name and address. if a person from the UK is being authorised, in addition to the UK address, an address in India is also required.

b. Father's or if married woman, husband's full name.

What I suggest is that you ask him/her to whatsup or email you a copy of his/her/their Aadhaar Card (Indian ID card) / passport copy.

PLEASE NOTE THAT THE POWER OF ATTORNEY CAN NOT BE GIVEN TO THE PERSON TO WHOM THE PROPERTY IS BEING TRANSFERRED.

Neither I nor anyone dealing with your appointed attorney can be responsible for his/her actions. Therefore, you must only appoint someone you trust completely.

3.    Full details of the property, bank account or other subject matter for which the POA is being granted.

Please also note that the POA has to be EMBOSSED by the DISTRICT  COMMISSIONER of the property location. In Punjab it has to be embossed within three months of the date on which it is signed and in other states in India, usually three months is the relevant period but some places may limit it to one month. USUAL POA IS NOT A WILL AND LEGALLY, IT IS ONLY VALID DURING THE LIFETIME OF THE DONOR AND DONEE. IT IS ALSO ONLY VALID UNTIL EITHER OF THEM ARE SOLVENT AND HAVE MENTAL CAPACITY.

The cost of the POA for one person including preparing the POA, notarising the POA and a copy of the passport photo-page, VAT, fees of the Agents and Foreign, Commonwealth and Development Office for an Apostille pursuant to Hague Convention, £325.00. 

Fees for one joint POA :   2 persons - £375.00. Three persons - £425.00. Four persons - £475.00 etc.

Please note that a joint POA can only be done if the persons giving the joint POA (i) own the same property, (ii) have the same interests in the property, (iii) want to appoint the same person and (iv) give the same powers.

PLEASE

Generally, you do not need an appointment, but I need you to call me beforehand. This is to avoid too many people gathering at one time to comply with the Covid-19 social distancing. Please also note that you will still need to bring a face mask.

My office hours are Monday – Friday, 9.30 a.m. – 12.00 a.m., 2.00 p.m. – 5.00 p.m., except on Friday, I close the office at 4.00 p.m. CLOSED ON BANK HOLIDAYS.

Generally, for a Power of Attorney for India, you will need a passport size photo, your original VALID passport and recent proof of address. If your passport has expired, even if recently, please renew the passport before coming to the office.

If you wish to discuss further or make a power of attorney, please call Ram Bansal on 020 3118 2063.