• Is there a stamp duty liability when my brother-in-law acts as my SPA to execute sale deed

ABC, an NRI, has appointed his brother-in-law, XYZ as his SPA holder with the power to execute the sale deed for sale of his apartment in Bangalore. The buyer's lawyer believes this transaction will attract stamp duty of 5% payable by the seller (ABC). Is the buyer's lawyer correct?
Asked 1 year ago in Property Law
Religion: Hindu

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7 Answers

There's no necessity for the seller to pay any stamp duty.

For adjudicating the SPA the registration charges is just ₹ 150.

Don't be carried away by false or incorrect information. 

The buyer only has to pay the stamp duty for registering the sale deed in his favor. 

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

NRI should have executed POA in favour of close family relative like parents or siblings 


it would have attracted nominal stamp duty but if executed in favour of brother in law it would have to be stamped as conveyance and attract higher stamp duty 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Since brother-in-law is not a blood relative, the POA attracts a stamp duty of 5% of the value of the property. Your buyer's Lawyer is correct.

Shashidhar S. Sastry
Advocate, Bangalore
4704 Answers
277 Consultations

5.0 on 5.0

No, it will not attract any special stamp duty for spa, only the regular stamp duty and registration fee for sale is enough. 



Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

Yes stamp duty as well as registration will be applicable

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

Whether the property is sold by the vendor directly or through the power agent, the stamp duty for the sale transaction remains the same. The SPA needs to be properly executed and notarized (or attested by embassy abroad) abroad and adjudicated in India. May be the lawyer has mentioned the stamp duty payable on adjudication of the SPA.

Swaminathan Neelakantan
Advocate, Coimbatore
2392 Answers
20 Consultations

4.9 on 5.0

- If the said SPA is dully notarized and attested from the consulate of India , then registration is not mandatory for executing the sale deed on behalf of ABC. 

- Since, the said SPA is given to the non-blood related then it attracts stamp duty . 

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0

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