A power of attorney for use in India can be signed before a Dutch notaris, who legalises your signature, and then apostilled by the rechtbank. India accepts the apostille without Embassy attestation. The original must be sent to India, stamped under the relevant state stamp law within three months of receipt, and presented to the sub-registrar, bank or court together with the attorney holder's identity documents.
- Document route
- Notaris or municipal legalisation, then apostille from the rechtbank
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Recognition
- Section 33, Registration Act 1908
- Authentication
- Indian mission, or notary plus apostille
Power of Attorney from the Netherlands: how it works
We prepare the draft in English for the specific purpose: selling a flat, collecting rent, managing a bank account, applying for mutation of land after a parent's death, or conducting a court case. Indian offices read powers of attorney strictly, so the property description, the powers given and the limits must be precise. You take the draft to a Dutch notaris, who identifies you and legalises your signature; many notaries in the larger cities handle English documents routinely. The rechtbank then attaches the apostille. Keep a scan of every page, including the apostille, before couriering the original.
In India we arrange stamping and check the document against local practice, because sub-registrars in different states ask for different supporting papers, such as photographs of the principal or a confirmation letter. If the attorney holder sells property, the money must reach your NRO or NRE account, and the buyer must deduct tax at source because you are non-resident. Dutch residents should keep records for the Dutch tax return as well. When the task ends, revoke the power through a registered or notified deed so it cannot be misused later.
What clients in the Netherlands should know
- Members of the Surinamese Hindustani community tracing ancestral property in India often have names recorded differently in old revenue records; a sworn affidavit of identity helps link the records.
- If you hold a Dutch passport and an OCI card, describe yourself as a foreign national of Indian origin in the power, using your Dutch passport number consistently.
- Dutch notaries charge per document; if you need powers for a bank and a property, sign both at the same appointment to save cost.
Step by step from the Netherlands
Video consultation
A call at a time that suits the Netherlands, after we have read your documents.
Documents signed in the Netherlands
Notaris or municipal legalisation, then apostille from the rechtbank
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the Netherlands where needed.
The full guide
This page covers what changes when you are in the Netherlands. For the law, the documents and the step-by-step procedure, read our main page on Power of Attorney, or see all services for clients in the Netherlands and the Inheritance & Documents practice area.
Questions from clients in the Netherlands
Can the municipality legalise my signature instead of a notaris?
In some cases the gemeente can legalise a signature, and the rechtbank can then apostille it. Notaries are more familiar with foreign-use documents, so we usually recommend them.
Does India accept an electronic Dutch apostille?
Acceptance of electronic apostilles varies between Indian offices. We advise using a paper apostille for powers of attorney until the receiving office confirms otherwise.
Can one power of attorney cover property in two Indian states?
Yes, but stamp duty and registration rules differ by state, so separate powers for each state are often simpler.