• Special power of attorney of a property

Hi,
 I am planning to give special power of attorney in India do i have to draft it on stamp paper. If so how much should be the value of stamp paper. If not can it be stamped on normal white paper please let me know. How many witnesses are required let me know
Asked 5 months ago in Property Law
Religion: Hindu

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12 Answers

If POA is executed abroad it has to be attested before Indian consulate 

 

in Maharashtra POA has to be on Rs 500 stamp paper or can be franked 

 

there should be 2 witnesses 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Dear Sir/Madam,

The stamp paper of Rs. 50/- may be used for SPA and 02 witnesses are required in this. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. There's no need of stamp paper.

2.  It can be drafted on plain white paper.

3.  Two witnesses are sufficient.

4.   After your signature, it has to be countersigned by the Indian Consulate  Official or it has to be notarized in Canada and then sent to India for adjudication in the jurisdictional District/Sub Registrar's Office.

5.  You can utilise the services of a Lawyer for drafting the POA.

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
338 Consultations

If you are executing the special power of attorney in Canada, then it can be drafted on a plain paper, duly attested by a notary public or an official of the Indian consulate of your country. At least two witnesses are required to sign as witnesses.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Rs 500

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

- The reply is same as given in earlier query

- If you want to give SPA from Canada, then it can be draft in blank paper and notarized as per rule of Canada 

- Further, it must be attested from the Consulate of India. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

Stamp duty differs in every State. For example in WB it is Rs. 50,000/-.

2 Witnesses are enough. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

The SPOA will be notarized in Canada in the embassy, and the same will be registered in India. The same will require presence of two witness 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Draft your Special Power of Attorney on ₹20 non‑judicial stamp paper (Andhra Pradesh rate) and have it signed by 2 adult, non‑relative witnesses—notarization required if executed abroad.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Summarising a checklist for you:

1. Draft SPA on plain paper

2. Sign before Notary Public (Canada)

3. Get Apostille and/or Consular attestation

4. Include two witness details

5. Mail to India

6. Within 3 months, get impressed stamp & adjudicate in India

7. Pay required stamp duty & register if needed

 

Pls connect for further help 😊

Inderdeep Kaur Indu
Advocate, Gurgaon
39 Answers

If you're giving a Special Power of Attorney (SPA) for property in India, it should ideally be made on non-judicial stamp paper. The stamp duty depends on the state—generally around ₹100–₹200 if it's for limited purposes (like registration or representation). However, if it includes rights to sell, transfer, or mortgage the property, then registration is mandatory and stamp duty may go up to 0.5–1% of the property's value.

If you're executing the SPA from abroad, you can draft it on plain paper, get it notarized or apostilled in that country, and then get it stamped in India within 3 months.

Lastly, you’ll need two witnesses to sign the SPA along with you, including their full details and signatures. 

 

Suresh Kumar Pal
Advocate, Allahabad
106 Answers

 

Dear Client,

  • Do I have to draft the special POA on stamp paper. If so, how much should the value of the stamp paper be?

Yes. The power of attorney must be mandatorily drafted on a stamp paper. Different states in India have their own stamp duty rates for POA. For a special power of attorney, the standard stamp duty is Rs. 100/- verify the exact value of stamp duty required in the instant case by referring to the provision prevailing in the state wherein the POA is to be executed.

  • How many witnesses are required for executing a special power of attorney.

At least 2 witnesses are mandatory for executing a power of attorney. These witnesses must be qualified to act so as well. Meaning, they must of the legal age, should not be parties to the transaction or beneficiaries in the document.  

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

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