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Indian Power of Attorney and Witnesses

At CWJ, we regularly assist clients who need to sign Powers of Attorney (POAs) for use in India. The process can vary depending on the requirements of the Indian authorities, so it’s important to understand what is needed before your appointment

Witness Requirements

Most Indian Powers of Attorney require two witnesses to sign the document.
Please note:

  • The witnesses must not be related to the principal (the person granting the power), the attorney, or to any party connected with the property or matter in India.
  • The witnesses must be present when the principal signs the document.

Levels of Legalisation

Indian POAs may require different levels of legalisation. This depends on the purpose of the document and the instructions received from India:

  1. Notarisation only – the document is signed in front of a UK Notary Public.
  2. Notarisation and Apostille – after notarisation, the document is sent to the Foreign, Commonwealth & Development Office (FCDO) for an apostille.
  3. Notarisation, Apostille, and Attestation at the High Commission of India – this is the most formal level and requires an additional step at the Indian High Commission in London (or one of its consulates).

Witnessing at CWJ

For Powers of Attorney that only require notarisation or notarisation and apostille, our CWJ employees can act as witnesses. This is a straightforward process that we can arrange during your appointment.

However, if your Power of Attorney also needs attestation at the High Commission of India, you will need to bring your own witnesses to the meeting. This is because the High Commission requires:

  • Either all parties (including witnesses) to attend the attestation appointment in person; or
  • Notarised copies of the witnesses’ passports to be presented by the principal at the High Commission.

As our staff are unable to provide their passport details or copies to clients, we kindly ask that you arrange for your own witnesses in these cases.

If you would like to speak with a notary regarding child travel consent, please contact Megan Robinson: megan.robinson@cwj.co.uk or 01689 887844 or mr@cwj.co.uk