A complete guide for NRIs in the United Kingdom on executing a Power of Attorney (PoA) for use in India — FCDO Legalisation Office apostille, UK Notary Public, Indian High Commission alternative, and adjudication at the Sub-Registrar in Kerala.
Quick Summary
The United Kingdom is a founding member of the Hague Convention Abolishing the Requirement of Legalisation (1961). A Power of Attorney (PoA) executed in the UK and apostilled by the FCDO Legalisation Office (Foreign, Commonwealth and Development Office, Milton Keynes) is directly accepted in India — no additional Indian High Commission attestation is required. The PoA must first be notarised by a UK Notary Public. Alternatively, NRIs may execute the PoA directly at the Indian High Commission in London (India House, Aldwych) or at Indian Consulates General in Birmingham or Edinburgh.
After the apostilled or High Commission-attested PoA arrives in India, it must be adjudicated at the Sub-Registrar's office in Kerala under Section 18 of the Registration Act, 1908 before it can be used for property transactions. UK-resident NRIs should also be aware that UK Inheritance Tax may apply to worldwide assets — including Indian property — for UK-domiciled individuals.
Key references: MEA — Apostille India · Kerala Registration Dept · Registration Act, 1908 · Last reviewed: June 2026
The United Kingdom is a founding signatory to the Hague Convention Abolishing the Requirement of Legalisation (1961). The UK's competent authority for issuing apostilles is the Foreign, Commonwealth and Development Office (FCDO) Legalisation Office, based in Milton Keynes. An FCDO apostille on a notarised document is directly accepted in India — no additional Indian High Commission attestation is required alongside the apostille.
This is significant for the large Malayali community in the UK — concentrated in London, Manchester, Birmingham, Leeds, and other cities — many of whom regularly manage property, succession, and family matters in Kerala.
The PoA should be drafted with all specific authorisations for Kerala property transactions — naming the property, authorising execution of sale or purchase deeds, appearance before the Sub-Registrar, payment of consideration, and application for mutation at the Village Office.
In England and Wales, the document must be notarised by a Notary Public — a specialist lawyer authorised to authenticate documents for international use. The Notaries Society maintains a directory of UK notaries. In Scotland, Notaries Public are appointed by the Court of Session. In Northern Ireland, Notaries Public operate similarly to England and Wales.
After notarisation, the document is submitted to the FCDO Legalisation Office in Milton Keynes. Processing times as of 2026:
The FCDO charges a fee per document (currently £30 per apostille as of 2026). Many NRIs in the UK use established legalisation agencies in London that handle the full process on their behalf.
The FCDO-apostilled PoA is sent to Kerala by international courier. On receipt, it must be adjudicated at the Sub-Registrar's office under Section 18 of the Registration Act, 1908. Adjudication takes 1 to 3 working days.
NRIs in the UK who prefer to avoid the FCDO route may execute the PoA directly at an Indian diplomatic mission in the UK:
A PoA executed before a Consular Officer is directly valid in India without FCDO apostille. Appointments are booked through the Indian Visa Application Centre (IVAC) system. Both routes — FCDO apostille and High Commission attestation — are legally equivalent. The choice depends on proximity and convenience.
UK-resident NRIs who own property in India should be aware of a significant estate planning consideration. UK Inheritance Tax (IHT) applies to worldwide assets of UK-domiciled individuals at 40% on estates above £325,000 (the nil-rate band as of 2026). For UK-resident NRIs who have acquired UK domicile — whether by long residence or by choice — their Indian property and financial assets may be within the scope of UK IHT.
India has no inheritance or estate tax. Property in India passes under Indian succession law regardless of the deceased's domicile. However, sale of inherited Indian property by a non-resident attracts Indian capital gains tax.
For UK-based Malayali NRIs with significant assets in both countries, coordinated estate planning addressing both UK IHT exposure and Indian succession law is advisable. This requires legal advice in both jurisdictions.
Apostilles are issued by the FCDO Legalisation Office in Milton Keynes. The FCDO apostilles documents notarised by a UK Notary Public. An FCDO apostille is directly accepted in India without further Indian High Commission attestation.
For documents intended for use abroad, a Notary Public is the correct professional in England and Wales. Notaries Public are specialist lawyers specifically authorised to authenticate documents for international use. A solicitor's signature alone is generally insufficient for an FCDO apostille on a PoA for overseas property transactions.
Yes. NRIs can execute the PoA at the Indian High Commission in London (India House, Aldwych), or at the Indian Consulates General in Birmingham or Edinburgh. A High Commission-attested PoA is directly valid in India without FCDO apostille.
Yes. After arriving in India, the apostilled PoA must be adjudicated at the Sub-Registrar's office in Kerala under Section 18 of the Registration Act, 1908. This is mandatory before the PoA can be used for property transactions.
UK Inheritance Tax potentially applies to worldwide assets of UK-domiciled individuals at 40% above the nil-rate band. Whether a UK-resident NRI has acquired UK domicile depends on their domicile of origin, domicile of choice, and length of UK residence. Legal advice in both jurisdictions is needed for NRIs with significant cross-border assets.
The office drafts the PoA in Kerala, advises on FCDO apostille or Indian High Commission execution in the UK, and handles adjudication and the authorised transaction in India. Full process managed remotely.
luka@lukeandluka.in+91 96057 61330