NRIs in the United States regularly execute Powers of Attorney for their Kerala property matters using standard US forms — including the New York Statutory Short Form Power of Attorney. While a US-executed PoA can be used in India for property transactions, it must follow a specific chain of authentication: notarisation, apostillation, and adjudication in Kerala. The form of the PoA, the scope of authority, and the authentication procedure all affect whether the PoA will be accepted for property transactions in Kerala. An NRI who couriers a US PoA to India without apostillation — or who uses a general PoA for a property sale that requires a specific PoA — will face delays at the Sub-Registrar's office.
How a US Power of Attorney Is Made Valid for Use in Kerala
A Power of Attorney executed in the United States for use in India must go through a specific authentication process before it can be accepted and used in Kerala. The USA is a member of the Hague Apostille Convention, which simplifies the process significantly.
The Apostille Process for a US-Executed PoA
A PoA executed in the United States must be: (1) notarised by a licensed US Notary Public; (2) apostilled by the Secretary of State of the state where the notary is licensed. The apostille is a certificate attached to the document that authenticates the notary's signature for use in Hague Convention countries, including India. The PoA must then be submitted to the Sub-Registrar in Kerala for adjudication — a process where the Sub-Registrar verifies the apostille and charges a small adjudication fee before the PoA can be used for property transactions.
What the PoA Should Contain
For property transactions in Kerala, the PoA should specifically authorise the attorney (the person in Kerala acting on the NRI's behalf) to: execute sale deeds or purchase agreements; appear before the Sub-Registrar for registration; sign all required documents; receive or pay consideration; and apply for mutation. A general PoA is legally valid but specific authorisations reduce the risk of any challenge at the registration office.
PoA for Non-Hague Convention States
If an NRI is in a country that is not a member of the Hague Apostille Convention (such as the UAE, which has its own separate attestation system), the PoA must be attested by the Indian Embassy or Consulate in that country rather than apostilled. UAE-executed documents require: notarisation by a UAE Notary Public, attestation by the UAE Ministry of Foreign Affairs, and then attestation by the Indian Consulate/Embassy in the UAE, followed by adjudication in Kerala.
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.