Your query involves three distinct aspects: (i) validity of a document notarized at the U.S. Embassy in India, (ii) whether apostille is required, and (iii) what banks practically insist upon in such transactions. I will address each clearly.

1. Whether a PoA / Affidavit notarized at the U.S. Embassy in Delhi is valid in India

Yes, such a document is legally valid in India, provided it is executed before a competent consular officer.

Under Indian law:

• Documents authenticated by diplomatic or consular officers are recognised under Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948
• Courts in India generally accept such documents without requiring further proof of execution

If the son signs the PoA/Affidavit:

• At the U.S. Embassy/Consulate in Delhi
• In the presence of a consular/notarial officer
• With proper identification

then the execution is treated as valid.

1. Is apostille required in this case?

No, apostille is not required in your situation.

Apostille under the Hague Apostille Convention is required only when:

• A document is executed in one country and
• Needs to be used in another country

Here:

• The document is being executed in India (Delhi)
• It is to be used in India (Lucknow)

Therefore:

• No apostille from Ministry of External Affairs is required

1. Important practical requirement: adjudication / stamping

This is where most people make mistakes.

Even though the document is validly executed:

• If it is a Power of Attorney relating to immovable property, it must be:

• 
  Stamped / adjudicated in India under the Indian Stamp Act, 1899
  
• Typically within 3 months (varies by state practice)

In Uttar Pradesh:

• The PoA should be presented before the Collector/Stamp Authority for adjudication
• Proper stamp duty must be paid depending on the nature of authority given

If it is only an affidavit / no-objection declaration (and not a PoA):

• Stamping is minimal or not required
• But notarisation/authentication must still be clear

1. Bank’s concern – why they are asking this

Legally speaking:

• If the Will of the deceased brother is valid
• And the widow inherited and executed a registered gift deed

then the sons do not automatically have a right (assuming no challenge to Will).

However, banks take a risk-averse approach and often insist on:

• NOC / affidavit from legal heirs
• To avoid future title disputes

So this requirement is practical, not strictly legal.

1. What you should ideally do (recommended approach)

To avoid any objection from the bank or future purchaser:

• Prefer a No Objection Affidavit rather than a broad PoA
• Ensure it clearly states:

• Acknowledgment of father’s brother’s Will
• Acceptance of mother’s ownership
• No objection to gift deed
• No future claim over the property

• Get it:

• Signed at U.S. Embassy/Consulate in Delhi
• With passport details annexed

• After that:

• Notarisation is sufficient for affidavit
• Adjudication only if it is a PoA

1. Risk if not properly done

If the document is informal or improperly executed:

• Bank may refuse loan disbursement
• Buyer may delay or renegotiate
• Future title objections may arise

Conclusion

• A PoA/Affidavit executed before the U.S. Embassy in Delhi is legally valid in India
• No apostille is required since execution is within India
• If it is a PoA, it must be stamped/adjudicated in India
• For your purpose, a properly drafted NOC affidavit is usually sufficient and safer than a broad PoA

There are two different subjects that you have put together here in your question.

First one is an affidavit executed through US embassy in India. This affidavit is not a proper legal document to relinquish their rights in the property neither a NOC is a valid document to ratify the gift deed executed by their mother in favour of your father.

Second subject is the power of attorney deed. It is not understood that what is the reason or purpose to authorise a power agent through this deed. No doubt notarised power of attorney deed duly attested by Indian embassy is valid, however the attestation by US embassy in India may not be a proper option, they can very well get the power of attorney deed registered in India if they are in India for any reason. But it is still not understood that for what purpose and to whom they are going to give this POA deed, if they are authorising an Indian relative to execute the ratification deed through this POA deed, then there's no necessity for any affidavit.

The affidavit is not a proper document in this situation.

Last but not least, since the property was bequeathed by the brother of your father in favour of his wife based on which she has already transferred this property to your father by a registered gift deed, there's no necessity for a NOC or a ratification deed from the children of the deceased testator, the bank or the buyer cannot demand NOC or an affidavit and there's no necessity for any Power of attorney deed as well.

However in order to move on, children of the deceased can execute a NOC duly notarised and attested by the Indian embassy at US or the US embassy in India, that should suffice and solve the issue.

POA if made for transfer of rights of immovable property is compulsory required to be registered for validity 

Dear client

If you have a Power of Attorney (POA) or affidavit that has been executed and notarized by a US consular officer in New Delhi, it may be enforceable in India if it satisfies both the legal requirements of Indian law and the due diligence of the bank or other entities in India.

When a document has been signed and notarized by a US consular officer, it is viewed as having been legally executed by an appropriate authority; thus, a document executed in this manner will generally be treated under Indian law as though it had been signed by a competent authority in accordance with Indian law and, therefore, does not require an apostille from the Indian Ministry of External Affairs because it was executed within India and not outside of India.

There are two important practical considerations to keep in mind when using a POA or affidavit in India. First, prior to executing a POA or affidavit in India you should ensure that it is appropriately stamped pursuant to the Indian Stamp Act. In Delhi, a POA executed outside the National Capital Territory may require stamp duty adjudication or stamping in Uttar Pradesh before being executed in India. Secondly, if you are executing a POA relating to an immoveable property in India, you must register the POA with the Indian Registrar of Deeds in accordance with the Indian Registration Act of 1908.

At a minimum you will want to check with your local bank or other financial institution to confirm that your POA/affidavit complies with the institution's compliance requirements.

If you have anybody please feel free to contact us

Yes, such a document can be legally valid in India, but only if the correct form and post-execution formalities are followed. Banks are usually very particular in such cases, so compliance must be precise.

First, if the son executes an affidavit or Power of Attorney before the US Embassy/Consulate in India, it is treated as a document authenticated by a competent authority. This is generally acceptable in India and does not require apostille, since apostille is required only for documents executed outside India.

However, merely notarizing or attesting it at the Embassy is not sufficient by itself for use in India. The following steps are important:

1. The document should be properly drafted in India format, clearly stating:

• No objection to the gift deed executed by the mother
• Confirmation that he has no claim in the property
• Full identification details

This step is critical. Without stamping/adjudication, the document may be objected to by the bank or authority.

1. Registration is generally not required for an affidavit/NOC, but if it is drafted as a Power of Attorney, some banks may insist on registration for added security.

As far as legal position is concerned:

• The sons do not have an automatic share if the Will and subsequent gift deed are valid
• The bank is only asking for this as a precautionary compliance

So this is more of a title-clearing requirement, not a strict legal necessity.

In summary:

• Execution at US Embassy in Delhi is valid
• Apostille is not required
• Stamping/adjudication in India is mandatory
• Drafting must be precise to avoid objections

For a simple NOC/affidavit, if it is signed in Delhi, MEA apostille is generally not required. Apostille is the Hague process used for foreign public documents for use in India.

But for a true Power of Attorney to be used in an Indian property/registration matter, follow the safer statutory route under Section 33 of the Registration Act. Indian law gives recognition/presumption to a PoA executed before and authenticated by a Notary Public / Court / Judge / Magistrate / Indian Consul or Vice-Consul.

So, do not rely on a U.S. Embassy notarized PoA in Delhi as the best option. If the bank only wants a no-objection, give an affidavit/NOC in its format. If it wants a PoA, have it executed in a Section 33-compliant form to avoid objection. The U.S. Embassy itself says its notarials are normally for use within the United States, though exceptions may exist.

Yes, an affidavit/POA notarized at the US Embassy in Delhi is legally valid in India for your purpose, but you must follow the correct procedure. As per the US Embassy website, notarial services are available for all nationalities by appointment, with a fee of $50 USD per seal . However, critical distinction applies based on citizenship: For US citizens, the Embassy requires that the document first be apostilled by the US State Department authorities before the Embassy will attest it . The Ministry of External Affairs (MEA) has clarified that for documents to be used in India, apostille by the MEA is what matters - but for a US-origin document, the apostille must first be obtained in the US .

You do not need further proceedings like apostille by MEA if the document is properly notarized/attested at the US Embassy. For US citizens, the correct process is: get the document notarized by a US notary, then get it apostilled by the Secretary of State of the US state where the notary is commissioned, and then the US Embassy in Delhi can attest it . Once this is done, the document is ready for use in India without requiring MEA apostille, as India is a member of the Hague Apostille Convention . The two witnesses signing is correct procedure . The document will be accepted by the sub-registrar and bank in Lucknow.

Sir/Madam, 

Since the bank is asking NOC from 02 brothers, the same can be done at Indian Embassy in US and the same will be valid as well.