A power of attorney for India is executed in Spain as a public deed before a notario, who keeps the original and issues an authorised copy. The Colegio Notarial apostilles that copy, and it is sent to India, where it must be stamped within three months of receipt under the state stamp law. Indian sub-registrars, banks and courts then accept it, subject to their own checks on the wording and the attorney holder's identity.
- Document route
- Notario, then apostille from the Colegio Notarial
- Time difference
- India is 3.5 to 4.5 hours ahead of mainland Spain; 4.5 to 5.5 hours ahead of the Canaries
- Recognition
- Section 33, Registration Act 1908
- Authentication
- Indian mission, or notary plus apostille
Power of Attorney from Spain: how it works
Spanish notarial practice differs from the simple signature witnessing used in many countries. The notario prepares an escritura de poder, reads it to you and records your identity. We therefore send the notario an English draft prepared for the Indian office that will use it, for example a sub-registrar in Mumbai, a bank in Ahmedabad or a court in Punjab, and ask for a bilingual deed with English prevailing. The notario issues the copia autorizada, and the Colegio Notarial attaches the apostille, sometimes electronically with a verification code. Check with us before accepting an electronic-only apostille for Indian use.
When the authorised copy reaches India, we arrange stamping and confirm acceptance with the office concerned. For property sales, the sale price must be paid into your NRO or NRE account, the buyer deducts tax at source because you are non-resident, and you may apply for a lower deduction certificate in advance. For bank work, many Indian banks also want their own form signed, so obtain it first and execute both before the same notario. Once the purpose is achieved, revoke the power by a fresh deed and notify those who relied on it.
What clients in Spain should know
- Sindhi families in the Canaries with property in Maharashtra should check whether the society or builder also needs a no-objection letter; the power should authorise the attorney holder to obtain it.
- If you hold Spanish nationality, Indian citizenship has ended and the deed should describe you as a Spanish national and OCI cardholder, using your Spanish passport number.
- Spanish notarial fees depend on the length of the deed, so keep each power focused on its purpose rather than adding unnecessary general powers.
Step by step from Spain
Video consultation
A call at a time that suits Spain, after we have read your documents.
Documents signed in Spain
Notario, then apostille from the Colegio Notarial
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 Spain where needed.
The full guide
This page covers what changes when you are in Spain. 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 Spain and the Inheritance & Documents practice area.
Questions from clients in Spain
Can I sign at the Embassy of India in Madrid instead?
The Embassy offers attestation services for some documents. Since the apostille is in force, the notario and Colegio Notarial route is the standard one and is widely accepted.
Why does the notario keep the original?
Spanish law requires the notario to keep the original deed in the protocol. The authorised copy has full legal effect and is what you send to India.
Can one deed cover property and a bank account?
It can, but Indian offices handle specific powers more smoothly. Separate deeds for each purpose are often accepted faster.