NRIs resident in the UAE face a specific procedural challenge when managing India property matters: the UAE is not a party to the Hague Apostille Convention. A document notarised in the UAE cannot simply be apostilled for use in India. Instead, documents executed in the UAE for use in Indian property or court matters must be attested by the Indian Consulate — in Dubai, Abu Dhabi or Sharjah. This guide explains the process, the documents required, and the steps after the consulate-attested document reaches India.
UAE Document Attestation for Kerala Property Transactions
The UAE is not a member of the Hague Apostille Convention. Documents executed in the UAE for use in India therefore cannot be apostilled — they must go through a different multi-step attestation process involving the UAE government and the Indian Embassy or Consulate in the UAE.
The UAE Attestation Process for India
For a Power of Attorney or other legal document executed in the UAE for use in India, the required steps are: (1) Notarisation by a licensed UAE Notary Public or the UAE Notary service (many UAE law firms and legal document centres offer this); (2) Attestation by the UAE Ministry of Foreign Affairs and International Cooperation (MOFAIC), which authenticates the notary's credentials; (3) Attestation by the Indian Embassy in Abu Dhabi or the Indian Consulate General in Dubai, which certifies the UAE MOFAIC seal for acceptance in India; (4) Adjudication before the Sub-Registrar in Kerala, where the document is registered and a small fee is paid before it can be used for property transactions.
Practical Tips for UAE-Based NRIs
The attestation process in the UAE typically takes 5–10 working days and can be handled through typing centres or legal document services in Dubai or Abu Dhabi. It is advisable to execute the PoA in duplicate — one original for immediate use and one for safekeeping. Once the PoA is adjudicated in Kerala, the attorney (the person named in the PoA) can use it for the duration stated in the document, typically 1–3 years. NRIs should be cautious about granting broad general PoAs — a specific, property-limited PoA reduces the risk of misuse.
Documents Commonly Needed from the UAE for Kerala Property
Beyond the PoA, UAE-based NRIs often need to attest: death certificates of relatives (for succession matters), marriage certificates (for joint ownership or spousal claims), and identity documents. The same UAE MOFAIC plus Indian Consulate attestation process applies to all these documents before they can be used in Kerala legal proceedings.
For detailed guidance on this topic specific to your circumstances, the office is available at luka@lukeandluka.in or +91 96057 61330, Monday to Friday, 10:00 AM to 5:30 PM IST. Remote consultations — by video call, WhatsApp or email — are available for NRIs and OCI holders in all time zones.