Stamp Duty Requirements for Power of Attorney in India

Stamp duty is a crucial element in the execution of legal documents like Power of Attorney (POA) in India. It serves as evidence of the document’s legality and ensures compliance with regulatory standards. Understanding stamp duty requirements is essential for individuals involved in drafting and executing POAs to avoid legal complications and ensure the validity of the document.

Importance of Stamp Duty in POA

Stamp duty plays a pivotal role in validating the authenticity and enforceability of a POA. It serves as proof of the document’s legality and compliance with applicable laws and regulations. Without proper stamp duty payment, a POA may be deemed invalid and unenforceable, leading to legal challenges and disputes.

Stamp Duty Requirements for POA

Determining the stamp duty value for a POA involves considering various factors such as the type of POA, the transaction involved, and the state-specific stamp duty rates. Let’s explore the stamp duty requirements based on common scenarios and state regulations:

1. General Power of Attorney (GPA):

If the GPA is granted to a close relative (parent, sibling, spouse, child, grandchild, etc.) without any consideration:

• The stamp duty is Rs. 500.
• There is also a registration fee of Rs. 100.

If the GPA is granted to someone other than a close relative or involves any consideration:

• The stamp duty is calculated as 1% of the market value of the property involved in the GPA or the consideration amount, whichever is higher.
• There is also a registration fee which is calculated as:
  • Rs. 10 per Rs. 1,000 of the market value of the property or consideration amount, whichever is higher.
  • Minimum fee: Rs. 100
  • Maximum fee: Rs. 30,000

The specific stamp duty and registration fee may vary depending on the state in which the GPA is registered.

2. Special Power of Attorney

The stamp duty for a Special Power of Attorney (SPA) in India is significantly simpler than that of a General Power of Attorney (GPA). Here’s what you need to know:

For a Special Power of Attorney in India, the standard stamp duty is Rs. 100.

This applies regardless of the relationship between the principal and the attorney or whether any consideration is involved. However, there are a few points to consider:

• Registration: Depending on the specific purpose of the SPA, it might require registration. If the SPA involves transactions related to immovable property (land, buildings, etc.), it needs to be registered with the sub-registrar’s office where the property is located. This will usually incur additional fees beyond the Rs. 100 stamp duty.
• State variations: While Rs. 100 is the standard, some states might have slightly different rates or additional fees. It’s recommended to check with the local authorities for any specific requirements in your state.

3. State-Specific Rates (Example: Karnataka):

Different states in India have their own stamp duty rates for POAs. In Karnataka, the stamp duty fee for various POA transactions is outlined as follows:

• For registration of the acceptance of execution or enabling individuals to act in single or multiple transactions, the stamp paper value is Rs. 100.
• Approval of multiple individuals for transactions may require stamp paper worth Rs. 200.
• When authorizing the sale of real estate, stamp duty is calculated as 5% of the market value or consideration amount, whichever is higher.
• Stamp duty for other scenarios may vary but typically ranges around Rs. 200.

Document Description	Stamp Paper Value for Power of Attorney (Rupees)
For the registration of the acceptance of execution of one or more documents	100
Allowing one or more people to act in a single transaction	100
Enabling no more than 5 people to act in more than one transaction or in general	100
Approval of more than five, but no more than ten, people for multiple transactions or in general	200
Authorizing the attorney to sell any real estate for consideration or with interest	5% on market value or consideration amount
Distributing to a promoter or developer	1% of property’s market value or consideration, maximum: 15 lakhs
Authorizing a person other than close relatives to sell immovable property in Karnataka state	5% on the property’s market value
For any other case	200

Stamp Duty Calculation

Stamp duty for a POA is typically calculated based on the transaction value or property value involved in the document. Different states may have different methods or formulas for calculating stamp duty, and it is essential to follow the prescribed guidelines to determine the accurate amount payable.

Example: GPA to sell a property worth Rs. 50 lakh, given to a friend.

• Stamp duty: 1% of Rs. 50 lakh = Rs. 5,000
• Registration fee: Rs. 10/Rs. 1000 * 50 lakh = Rs. 5,000 (capped at Rs. 30,000)
• Total: Rs. 5,000 + Rs. 5,000 (or Rs. 30,000) = Rs. 10,000 (or Rs. 35,000)

Minimum Stamp Duty Requirements

Different types of POAs, such as general, specific, or property POAs, have varying minimum stamp duty requirements. It is essential to be aware of these requirements to ensure compliance with legal regulations and avoid any potential legal challenges in the future.

Documenting Stamp Duty Payment

Proper documentation of stamp duty payment is crucial to validate the POA. This involves affixing the appropriate stamp paper to the document and obtaining necessary endorsements or certifications to authenticate the payment. Failure to document stamp duty payment adequately may render the POA invalid and unenforceable.

Here’s a step-by-step guide on how to document stamp duty payment:

1. Purchase Stamp Paper:

• Obtain the correct stamp paper with the required value based on your calculations and state regulations. You can usually buy it from government offices and authorised stamp vendors.
• Double-check the value and ensure it meets the minimum requirements.

2. Affix Stamp Paper:

• Carefully affix the stamp paper to the designated area on your POA document, usually the first page or cover sheet.
• Avoid damaging or defacing the stamp paper.

3. Obtain Endorsements (Optional):

• Depending on your state and transaction type, you might need additional endorsements or certifications to validate the stamp duty payment.
• Common endorsements include:
  • Franking: A seal or stamp from the authorized vendor confirming the purchase.
  • Revenue Officer’s signature: In some cases, the Revenue Officer might need to sign the stamp paper.
  • Adjudication: For POAs involving immovable property, adjudication by the Sub-registrar’s office might be required, which usually involves additional fees and endorsements.

4. Maintain Records:

• Keep copies of the purchased stamp paper, receipts, and any endorsements or certificates for future reference.
• These documents serve as proof of stamp duty payment and can be crucial in case of legal disputes.

Legal Compliance and Consequences

Adhering to stamp duty requirements is imperative to avoid legal repercussions. Non-compliance with stamp duty regulations may lead to the invalidation of the POA or the imposition of penalties by authorities. It is essential to ensure full compliance with legal requirements to protect the interests of all parties involved.

Expert Insights and Recommendations

Seeking expert advice or legal counsel can provide valuable insights into stamp duty requirements for POAs. Legal professionals can offer recommendations on best practices for ensuring compliance and minimizing legal risks associated with stamp duty payment and documentation.

Visiting the Local Stamp Office

To ascertain the exact amount of stamp duty required, individuals should visit the local stamp office or check the official website of the state’s revenue department. These authorities provide information on applicable rates and assist in calculating the stamp duty based on specific circumstances.

Purchasing Stamp Paper

Once the stamp duty amount is determined, individuals can purchase non-judicial stamp paper of the corresponding value from authorized stamp vendors or government offices. It is imperative to ensure that the stamp paper is of the prescribed denomination and legally valid in the respective state.

Drafting the GPA

The next step involves drafting the GPA document per the legal format and requirements. The document should include comprehensive details and terms, and it must be signed by both the grantor (the person giving the power) and the agent (the person receiving the power).

Stamping and Execution

After drafting the GPA, individuals must affix the purchased stamp paper to the document as per legal requirements. Subsequently, both the grantor and the agent should sign the document in the presence of witnesses, as mandated by law.

Optional Registration

Depending on the state regulations, individuals may choose to register the GPA with the local sub-registrar office. Registration incurs additional fees, which can vary across states. While registration is not mandatory in all cases, it can provide added authenticity and legal validity to the GPA.

Conclusion

Understanding the stamp duty requirements for a Power of Attorney is essential for ensuring legal compliance in India. By following the outlined steps and guidelines, individuals can navigate the process of obtaining the necessary stamp paper for a General Power of Attorney with confidence and clarity.

Frequently Asked Questions for Power of Attorney Stamp Duty in India

Q1. How is stamp duty calculated for a Power of Attorney in India?

Ans1. Stamp duty for a Power of Attorney is typically calculated based on factors such as the property value, transaction value, or consideration involved. Rates may differ for residential and commercial properties.

Q2. Are stamp duty rates uniform across all states in India?

Ans2. No, each state in India has its stamp duty rates for legal documents, including Powers of Attorney. It’s essential to check the specific rates applicable in your state.

Q3. Can I purchase stamp paper from any vendor or office?

Ans3. Stamp paper should be purchased from authorized stamp vendors or government offices to ensure its legality and validity. It’s crucial to verify the authenticity of the stamp paper before use.

Q4. Is registration of the Power of Attorney mandatory?

Ans4. Registration of the Power of Attorney may be optional, depending on the state regulations and individual preferences. While registration adds authenticity, it incurs additional fees and may not be required in all cases.

Q5. What happens if I fail to pay the required stamp duty

Ans5. Failure to pay the required stamp duty can result in legal consequences, including the document being deemed invalid or unenforceable. It’s important to comply with stamp duty requirements to avoid any legal issues.

Q6. Can I use e-stamp paper for a Power of Attorney?

Ans6. Yes, e-stamp paper is a valid alternative to physical stamp paper in many states. However, it’s essential to verify whether an e-stamp paper is accepted for Power of Attorney documents in your state.

Q7. How long is stamp paper valid after purchase?

Ans7. Stamp paper is typically valid for a certain period, usually ranging from six months to one year from the date of purchase. It’s crucial to use the stamp paper within the validity period to avoid any complications.

Q8. Can stamp duty be paid online?

Ans8. Yes, in some states, stamp duty can be paid online through designated portals or government websites. Check the official website of your state’s revenue department for online payment options and instructions.

Q9. Do NRIs have different stamp duty requirements for a Power of Attorney?

Ans9. Stamp duty requirements for NRIs (Non-Resident Indians) may vary based on their residential status and the type of property involved. NRIs should consult legal experts to determine their stamp duty obligations accurately.

Q10. Can I seek assistance from a legal expert for stamp duty calculation and compliance?

Ans10. Yes, seeking assistance from a legal expert or consultant is advisable to ensure accurate calculation of stamp duty and compliance with legal requirements. A legal expert can provide valuable guidance throughout the process.

Q11. How much does it cost to register a power of attorney in India?

Ans11. The General Power of Attorney (GPA) is granted to a close relative (parent, sibling, spouse, child, grandchild, etc.) without any consideration. Stamp duty. ₹500. Registration fee. ₹100.

Q12. Should power of attorney be on stamp paper?

Ans12. Officials will have to affix their stamp and signature on the Original power of attorney. If the stamp of the Notary Public does not bear his name, then principal office address and notary registration number must be written by hand.

Q13. Can a property be sold with power of attorney?

Ans13.The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property. Sale transactions must be done through registering a sale deed to ensure authenticity and legality. Power of attorney can authorise actions but not replace the actual transfer of property rights.

Q14. What is the value of a power of attorney?

Ans14. It is a crucial instrument in legal and financial matters, playing a significant role in Will writing and succession planning. By appointing an agent through a power of attorney, individuals can ensure their wishes are carried out effectively and their affairs are managed in accordance with their intentions.

Q15. What are the new rules of power of attorney?

Ans15. Under the POA Act, the holder (or donee) of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the issuer (or donor) of the power; and every instrument and thing so executed and done

Q16. How many years is a power of attorney valid in India?

Ans16.Durable POA is designed for a lifetime. Under this, the PoA agent has the power to make decisions even if the grantor becomes incapacitated/unfit to make decisions. Generally, a durable POA continues until the grantor’s death or unless the grantor cancels the POA.

Q17. Is power of attorney a valid document?

Ans17. A power of attorney is a legal document that binds the agent or attorney-in-fact and the principal. It’s used in the event of a principal’s temporary or permanent illness or disability or when they can’t sign necessary documents. 1 Both parties must sign the document and a third party is usually required to witness it.

Q18. What is the minimum amount of stamp paper required for agreement?

Ans18. In India, Rs 100 stamp paper is commonly used for legal documents such as affidavits, agreements, bonds, powers of attorney and sale deeds. However, here are some uses of Rs 100 stamp paper. Affidavits. Rs 100 stamp paper is commonly used to make legal affidavits.

Q19. What is the Article 13 stamp duty?

Ans19. Article 13 | Indian Stamp Act, 1899 | Law Commission of India Reports | Law Library | AdvocateKhoj. Article 13 levies duty on a Bill of Exchange (other than one payable on demand). The duty varies according to the period within which the Bill is payable (after date or sight). It also varies according to the value.

Q20. What is the limitation period for power of attorney?

Ans20. No limitations, restrictions, or rules have yet been introduced under the law to not allow someone from appointing anyone as an Attorney. Collect all the necessary information to help yourself before giving power to someone to take a decision associated with the property on your behalf. POA has negative repercussions.

Q21. What is the Supreme Court Judgement on power of attorney?

Ans21. The Supreme Court of India has delivered a landmark judgment on the scope and validity of power of attorney (POA) documents. The Court held that a POA cannot be used to transfer immovable property without the principal’s express consent and execution of the necessary documents.

Q22. Can power of attorney be cancelled?

Ans22. There are two types, general and specific, and it must be registered in the Sub-Registrar’s office. It can be cancelled by the principal in specific situations. POA automatically gets revoked upon death, insanity, or insolvency of the principal.

Q23. क्या मैं 6 महीने पुराने स्टांप पेपर का उपयोग कर सकता हूं?

Ans23. भारतीय स्टांप अधिनियम के अनुसार, स्टांप पेपर की वैधता अलग-अलग राज्यों में जारी होने की तारीख से छह महीने से छह साल तक होती है। एक्सपायरी का समय आमतौर पर स्टांप पेपर पर ही दिया होता है। वैधता अवधि समाप्त होने के बाद स्टांप पेपर अमान्य हो जाता है और इसका इस्तेमाल किसी भी कानूनी लेन-देन के लिए नहीं किया जा सकता है।

Q24. क्या स्टांप पेपर पर लिखा हुआ कुछ भी मान्य है?

Ans24. इसमें कुछ अंश या संपूर्ण अनुवादित लेख गलत हो सकता है क्योंकि सटीकता के लिए किसी वकील द्वारा इसकी जाँच नहीं की गई है। कोई भी व्यक्ति या संस्था जो इस अनुवादित जानकारी पर निर्भर है, वह ऐसा अपने जोखिम पर करता है।

Q25. स्टाम्प की वैल्यू कितने दिन की होती है?

Ans25. स्टांप पेपर की कोई समाप्ति तिथि या एक्सपायरी नहीं होती है और किसी भी समय किसी दस्तावेज़ के लिए उपयोग किया जा सकता है. स्टांप पेपर का इस्तेमाल कई काम में होता है. खासकर कानूनी कार्यों में इसका महत्व और बढ़ जाता है.

Q26. क्या स्टांप पेपर एग्रीमेंट लीगल होता है?

Ans26. स्टाम्प पेपर इस बात का सबूत है कि लेन-देन या व्यवस्था हो चुकी है और इसमें शामिल पक्षों ने आवश्यक स्टाम्प शुल्क का भुगतान किया है। स्टाम्प पेपर का उपयोग अदालत में समझौते को लागू करने में भी मदद कर सकता है, क्योंकि इसे एक वैध कानूनी दस्तावेज़ माना जाता है।

Q27. स्टांप पेपर की वैलिडिटी कैसे चेक करें?

Ans27. कर्नाटक ई-स्टाम्प पेपर सत्यापित करें। कर्नाटक ई-स्टाम्प पेपर को सत्यापित करने के लिए, आपको सीआरए वेब पेज के होम पेज पर जाना होगा। होम पेज से ई-स्टाम्प प्रमाणपत्र सत्यापित करें विकल्प पर क्लिक करें। लिंक नए पेज पर रीडायरेक्ट करेगा।

Q28. पैसे उधार दे तो कितने के स्टांप पर लिखवाया?

Ans28. इसके लिए बस आपको एक रुपये वाले रेवेन्यू स्टाम्प की जरूरत होगी, जिसमें आप जिसे पैसा दे रहे हैं उसकी तरफ से यह लिखवाते हैं कि वह यह वादा करता है कि उसने जो आपसे पैसे लिए हैं उसे इस तारीख में यदि कैश देने का वादा हो तो उसका जिक्र और यदि चेक दे रहा हो तो उसका नंबर लिखना होता है।

Q29. Is power of attorney valid without stamp paper in India?

Ans29. Registration of the document. Although registration of a Power of Attorney is not mandatory in India, it is advisable, especially for transactions related to immovable property. Payment of fees. The execution of a Power of Attorney may require payment of registration fees and stamp duty, which vary from state to state.

Q30. What is power of attorney in Indian stamp Act?

Ans30. Section 2(21)-“Power of attorney”. The duty on a power of attorney is chargeable under Article 48. “Power of Attorney means any instrument (not chargeable with a fee under the law relating to court fees for the time being in force) empowering a specified person to act in the stead of the person executing it.”

Q31. What is the format of power of attorney?

Ans31. Whereas I/We am/are being unable to look after the said property personally, so I/We hereby authorize my/our said attorney to do the following acts, deeds, and things regarding the said property in my/our name and on my/our behalf.

Q32. Is unregistered power of attorney valid?

Ans32. Power Of Attorney Deed Which Empowers Its Holder To Sell Immovable Property Requires Compulsory Registration. Karnataka HC.

Q33. What are the new rules of power of attorney?

Ans33. Under the POA Act, the holder (or donee) of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the issuer (or donor) of the power; and every instrument and thing so executed and done.

Q34. Is power of attorney proof of ownership?

Ans34. However, such a power of attorney itself would not grant any right, title, or interest in the immovable property in favour of the transferee, and a conveyance/sale deed would be required to be executed, stamped, and registered for this purpose.

Q35. Can a property be sold with power of attorney?

Ans35. The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property. Sale transactions must be done through registering a sale deed to ensure authenticity and legality. Power of attorney can authorize actions but not replace the actual transfer of property rights.

Q36. What does power of attorney property mean?

Ans36. Power of attorney (POA) of property is a legal document transferring the legal right to the attorney or agent to manage and access the principal’s property in the event the principal is unable to do so themselves.

Q37. What is the most powerful power of attorney?

Ans37. A general durable power of attorney typically is the best option. It does take effect immediately.

Q38. Is a notary valid for power of attorney?

Ans38. Notarized power of attorney is very much valid for the acts entrusted as per the deed. However, on this basis, the attorney cannot sell any immovable property of the principal. If the attorney wishes to transfer any property of the principal, then the POA has to be registered.

Q39. How to register a power of attorney in India?

Ans39. Procedure for Power of Attorney in India. Draft the Power of Attorney whether special or general, by a documentation lawyer or through a website. Submit the power of attorney with the Sub-Registrar. Attach the supporting documents with the power of attorney. Attest the power of attorney before the Registrar.

Q40. Is it good to buy property with power of attorney?

Ans40. Moreover, property bought through these transactions has a number of legal hazards. One can also have the chance of losing the entire sum of money. According to the apex court, General Power of Attorney is a non-transferable instrument with respect to any title, interest, or right in immovable property.

Q41. Which is better, power of attorney or gift deed?

Ans41. If you are willing to transfer your property right absolutely and forever in favour of your friend without any sale consideration, then a registered Gift Deed will be the option. But if you wish to retain the property right and give some authority to your friend to represent you, then a registered Power of Attorney is the way to go.

Q42. What is the rights of power of attorney in property?

Ans42. Power of Attorney is a legal document that authorises a person to act on behalf of another person, especially in the realm of real estate transactions. The grantor gives the agent complete rights regarding the management, sale, purchase, and lease of the property owned by the grantor.

Q43. Is a witness necessary for power of attorney?

Ans43. A Power-of-Attorney means a formal instrument with which one person empowers another to represent him or act in his stead for certain purposes, usually in the form of a deed poll, and attested by two witnesses.

Q44. What happens when a power of attorney holder dies after?

Ans44. The power of attorney becomes invalid after the death of the person who is granting the power. Additionally, the power of attorney becomes insolvent if the agent dies, files for bankruptcy, or becomes incapacitated.

Q45. What do you mean by power of attorney?

Ans45. A power of attorney (POA) is an authority imposed on an agent by the principal allowing the said agent to make decisions on his/her behalf. The agent can receive limited or absolute authority to act on the principal’s behalf on decisions relating to health, property, or finances.

Q46. Can a power of attorney holder sell property?

Ans46. The Supreme Court of India ruled that a power of attorney cannot be used for the sale of immovable property. Sale transactions must be done through registering a sale deed to ensure authenticity and legality. Power of attorney can authorise actions but not replace the actual transfer of property rights.

Q47. Is it good to buy property with power of attorney?

Ans47. Property bought through these transactions has a number of legal hazards, and there is a chance of losing the entire sum of money. According to the apex court, General Power of Attorney is a non-transferable instrument with respect to any title, interest, or right in immovable property.

Q48. Is power of attorney safe?

Ans48. There are disadvantages involved in executing a power of attorney. A PoA holder may sometimes put the principal in trouble. It will not address what happens to assets after the death of the owner. It will be problematic for the owner when their agent is not trustworthy.

Q49. What is the landmark judgment on power of attorney?

Ans49. The Supreme Court of India has delivered a landmark judgment on the scope and validity of power of attorney (POA) documents. The Court held that a POA cannot be used to transfer immovable property without the principal’s express consent and execution of the necessary documents.

Q50. What is the difference between power of attorney and the registry of property?

Ans50. The registry is the data set that stores all the significant documents, while Power of Attorney refers to the authority given by the owner to someone they trust, assigning them the power and rights to manage the property under certain circumstances.

Q51. Who is the person who gives the power of attorney?

Ans51. The person who gives the power of attorney (POA) is known as the donor, while the person who gets the POA is called the holder. However, precautions should be taken when signing the POA agreement to ensure that your interests are fully protected.

Q52. Is power of attorney valid before death?

Ans52. The PoA expires upon the death of the grantor, and authority over the grantor’s assets reverts to the executor of their estate. The power of attorney is not valid after the death of the donor. If the donee is dead, it simply lapses as the donee can’t make use of it.

Q53. Can power of attorney give evidence in court?

Ans53. A power-of-attorney holder of a party can appear only as a witness in his personal capacity. He can state on oath whatever knowledge he has about the case but cannot appear as a witness on behalf of the party in the capacity of that party.

Q54. Is Power of Attorney and nominee the same?

Ans54. The power deed will be valid only during your lifetime, after which the POA deed will automatically stand revoked. However, the nomination will become activated only after the lifetime of the account holder.

Q55. What is the use of 100 RS stamp paper?

Ans55. A Rs 100 stamp paper is a legal document that has a pre-printed revenue stamp of 100 Indian rupees affixed to it. The stamp paper of this value is used to create many types of legally binding agreements and contracts. These include property transactions, employment agreements, lease agreements, etc.

Q56. Should power of attorney be registered or notarized?

Ans56. A notarized power of attorney is valid for the acts entrusted as per the deed. However, on this basis, the attorney cannot sell any immovable property of the principal. If the attorney wishes to transfer any property of the principal, then the POA has to be registered.

Q57. What is the difference between specific Power of Attorney and special Power of Attorney?

Ans57. Power of attorney can be general or special. A general power of attorney allows someone to do anything that is not expressly prohibited by law. A special power of attorney, on the other hand, is specifically tailored to deal with a particular matter.

Q58. Is 50 RS stamp paper valid?

Ans58. There’s no restriction on using a 50 Rs stamp paper for long-term rent agreements. As long as the stamp paper fulfills the legal requirements, it’s perfectly valid for any duration of the rental agreement.

Q59. Does power of attorney need to be registered in Maharashtra?

Ans59. Register the Power of Attorney. The Power of Attorney must be registered with the Sub-Registrar of Assurances in Mumbai. Both the principal and the Attorney-in-Fact must be present at the time of registration. The court fee must be paid at the time of registration.

Q60. What is the minimum value of stamp paper?

Ans60. Printing the agreement on stamp paper with a minimum value of Rs 100 or 200/- is recommended.

Q61. Is unregistered power of attorney valid?

Ans61. A Power Of Attorney deed that empowers its holder to sell immovable property requires compulsory registration, as per Karnataka HC.

Q62. Should power of attorney be stamped?

Ans62. General Power of Attorney documents should be executed on non-judicial stamp paper, which varies depending on the state. Stamp duty is a tax imposed on the power of attorney document, and the amount is determined by the value of the transactions mentioned within the document.

Q63. Can a sale deed be executed by power of attorney?

Ans63. A sale deed is an essential document in real estate transactions, ensuring that the transfer of property rights is done in a lawful and transparent manner. In some cases, a sale deed can be executed by a power of attorney, allowing a designated individual to act on behalf of the property owner.

Q64. Does power of attorney need to be notarized in India?

Ans64. Indian Passport holders and OCI cardholders are exempted from the requirement of apostille. However, the POA document must be duly notarised. Enclose a notarised copy of the OCI/PIO card while applying. Witnesses’ signatures must be duly notarised.

Q65. Can a power of attorney holder transfer property in his own name?

Ans65. When a registered PoA authorises the agent to make the transaction, he can certainly do so; however, it does require the free will of the original owner. If the Power of Attorney holder follows all the legal procedures, then he cannot be barred by law from selling the property to himself.

Q66. What are the limitations of a power of attorney?

Ans66. The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

Q67. Can a GPA holder not sell property?

Ans67. The Supreme Court of India ruled that the sale of property through General Power of Attorney (GPA) is not legally valid.

Q68. Can power of attorney be executed on plain paper?

Ans68. The GPA can be drawn even on plain paper, but it has to be registered in India in the office of the jurisdictional sub-registrar. It may be written on plain paper or non-judicial stamp paper, but it should be registered under the Registration Act.

Q69. Should legal notice be on stamp paper?

Ans69. Make sure the Legal Notice has the advocate’s stamp and signatures. As you already know, a legal notice is made on an advocate’s letterhead, and it should contain the stamp and signature on all the pages of the legal notice.

Q70. Is stamp paper legally binding?

Ans70. Power of Attorney, Affidavits, Articles of Association, Memorandum of Association, Indemnity Bond, Declaration, Mortgage, and Gift Deeds, among others, are executed on stamp papers to make them legitimate and legally enforceable.

Q71. How to decide stamp paper value?

Ans71. The value is decided by the competent authority under the state government. The charges are indirectly proportional to the market value of the property and other aspects such as market performance. The location of the property, such as urban or rural areas, also has a say in deciding the stamp duty payable.

Q72. What is the value of stamp paper for power of attorney in Delhi?

Ans72. Stamp Duty in Delhi

S.No.	Type of Document	Stamp Paper value
2	Indemnity bond	100
3	GPA	50
4	Special Power of Attorney	20
5	Release Deed	100