1. Yes Special power of Attorney (SPA) needs to be on Indian Non-judicial Stamp paper.

2. Witnesses can be anyone, relative, non-relative doesn't matter. 

3. Draft is prepared on A4 white sized paper and Stamp paper is attached to it as the front page. 

4. ₹100/- should be the value. 

5. Your presence before the notary public is mandatory when you execute the SPA.

POA should be in favour of blood relative 

2) witnesses can be your relatives 

3) it should be on Rs 500 stamp

psper 

POA can be on stamp

paper or franked 

2) it should be in favour of blood relative 

My answer remains the same. Please go through it carefully. You must come to India physically to execute SPA before notary public. SPA can be given to anybody known to you whether be blood relative or not.

you can give your SPA to any person of your choice and trust and anybody including friend can be ve witness. Since you are in USA so it should be executed un USA, duly attested by Notary in Indian embassy and be stamped in India from collector of stamp. 

POA beyond a blood relative if it is a gratuitous POA would not be effective unless full stamp duty is paid .

You can execute the POA in USA in such manner but the same is to be sent to India for its proper stamping. 

1. The POA has to be on thick plain paper.

2.  You can hire a Lawyer for preparing the POA

3.  After taking printout of the POA in USA, sign and get it countersigned by Indian Consulate Officer/Notarised.

4.  If you grant the POA to a blood relative, the statutory charges in India for its adjudication will be less and for a non blood relative it will be on the higher side.

5.  Witnesses are to be independent persons, whether they are related to you or not related.

• Paper Requirement: Use plain white A4 paper in the USA for drafting the POA.

• Execution: Sign the POA in the presence of a Notary or Indian Consulate Officer in the USA.

• Stamp Duty in India: After sending the notarized POA to India, it needs to be stamped by the Collector of Stamps.

• Recipient: The POA can be granted to anyone you trust, not limited to blood relatives.

• Witnesses: They can be anyone, whether related or not.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

- If the said POA will be given to a blood relative for the property purposes , then its registration is not mandatory from the office of the registrar in India.

- That POA should be notarized in US and attested from the consulate of India. 

- However, if you will give the said POA to non-relative then its registration is mandatory in India as well .

- Further, the witness can be any person. 

Since you plan to execute the special POA deed from USA, you may have to execute it on thick plain paper only and not on a non judicial stamp paper, because  a non judicial paper is not valid beyond Indian territories. 

You can execute the same in favor of a relative back in India , and get it attested by a notary public of that country or an official of Indian consulate and send it by a sealed cover to the chosen agent in India, who will in turn take it to the concerned sub registrar for adjudication. After that the power agent perform the task assigned in the power deed.

any one can be a witness.

You have been rightly informed. You can execute the same in a plain paper.

it can be executed in favor of non relative also, but the stamp duty will be little more.

You have been rightly informed. You can execute the same in a plain paper.

it can be executed in favor of non relative also, but the stamp duty will be little more.

Dear Client,

In the Present Scenario, you wish to give a property specific attorney of power to one of your relative. Herein, firstly, it is not mandatory that the attorney is a blood relative. With respect to witnesses to the power of attorney, they may be related to you. However, it is suggested that you have independent witnesses to avoid any kind of conflict of interest or questions on the authenticity of the document. With respect to the requirement of stamp paper, the PoA, must be executed on a stamp paper as per the Indian Stamp Act, and not a plain white paper. However, the stamp duty varies from state to state, depending on which the property is located.

Hope you find this answer beneficial for resolving the dispute.

1. As peer my legal knowledge, POA can be executed from abroad even on plain paper.

2. The said POA shall have to be signed before the appropriate officer of the Indian Consulate who shall have to append his signature duly vetting the vetting the signature of the issuer of the POA.

3. The said signed and vetted POA shall have to be sent to the POA holder in India who shall have to preserve the envelope carrying the said POA and then get affixed Rs.50/- stamp on it from the local Stamp Commissioner.

4. having stated the above, I always send the POA to my clients staying abroad  printed on stamp papers dulky following the rest of the procedure, jus to avoid any objection from other side lawyer who may not be aware of the legal procedure and start objecting if the POA is not printed on Indian stamp paper.

1. It will be prudent on your part to get the said POA printed on Indian Stamp Paper to avoid any future legal hassle in India as explained in my earlier post.

2. It is not at all mandatory to execute POA in favour of blood relative.