How to Create a Special Power of Attorney (SPA) for India as a U.S. Citizen

📝 How to Create a Special Power of Attorney (SPA) for India as a U.S. Citizen

A Special Power of Attorney (SPA) is a legal document that authorizes someone (your “agent” or “attorney-in-fact”) in India to act on your behalf for specific, limited tasks—such as selling property, handling banking transactions, or representing you in court.

This guide is for:

• 🇺🇸 U.S. citizens needing to handle affairs in India

• 🌍 NRIs (Non-Resident Indians)

• 🛂 OCI (Overseas Citizens of India)

📌 What Is a Special Power of Attorney (SPA)?

A Special Power of Attorney allows you to delegate authority to someone in India for specific actions only, unlike a General Power of Attorney which grants broad powers.

🔹 Common Use Cases

• Selling or renting property in India

• Attending court hearings or legal matters

• Managing bank accounts or loan formalities

• Representing in real estate registrations

• Applying for a PAN card or other official documents

✅ Step-by-Step Guide to Creating an SPA for India from the USA

Step 1: Draft the Special Power of Attorney

Start by preparing a clearly worded SPA document. It should:

• Identify the Principal (you) and Attorney/Agent (the person in India)

• Define specific powers being granted

• Specify duration or limitations (if any)

• Include signatures and witness lines

• Be printed on plain paper (not required on stamp paper in the U.S.)

📥 You can find a sample SPA format here:

🔗 https://www.nyconsulateofindia.org/pdf/power-attorney-sample.pdf

OR prepare your own customized version based on your situation.

Step 2: Get the Document Notarized in the USA

Take your SPA to a U.S. Notary Public.

• Sign in front of the notary

• Include notarization text and notary seal

• Some states (like California) may require thumbprints

📌 Notary directories:

🔗 https://www.nationalnotary.org/

Step 3: Apostille the Notarized SPA (If Not Going to Consulate)

India is a member of the Hague Apostille Convention, so U.S. documents can be apostilled for use in India.

How to Apostille the SPA:

1. Get the SPA notarized

2. Send the notarized document to your Secretary of State’s office

3. Request an apostille certificate

4. Mail it to India or submit it to the appropriate Indian office

📍 Apostille info (California example):

🔗 https://www.sos.ca.gov/notary/request-apostille

📌 U.S. apostille info by state:

🔗 https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/apostille-requirements.html

Step 4 (Alternative): Get the SPA Attested at an Indian Consulate

Instead of apostille, you may choose to get the SPA attested by your local Indian consulate.

Requirements for Attestation:

• Completed SPA document

• Your original passport and a copy

• Proof of U.S. residency (driver’s license, utility bill)

• Two passport-size photographs

• Payment (usually $20 – $25 fee)

• Application form (differs by consulate)

Schedule an appointment online and appear in person.

📍 Indian Consulate Locations:

• 🔗 San Francisco

• 🔗 Los Angeles

• 🔗 New York

• 🔗 Houston

• 🔗 Chicago

Some consulates also allow notarized and mailed SPA for attestation by post.

Step 5: Send the Attested or Apostilled SPA to India

Once you have the attested or apostilled SPA:

1. Courier it to your attorney/agent in India

2. Your agent in India must register it with the local Sub-Registrar Office (especially for real estate transactions)

🧾 Registration involves:

• Visiting the Sub-Registrar Office in the agent’s jurisdiction

• Submitting your SPA

• Paying a nominal registration fee

• Receiving a registered copy with stamp and registration number

📌 Learn more about registration in India:

🔗 https://igrs.gov.in/ (Note: each Indian state has its own IGRS portal)

📋 Document Checklist

Here’s a handy list of what you’ll need:

🔁 Apostille vs Consular Attestation: Which Should You Choose?

🧠 FAQs

Q1: Can I make an SPA on plain paper in the U.S.?

Yes, in the U.S., SPA can be on plain paper. It does not need Indian stamp paper. However, in India, it may need to be registered or stamped after receipt.

Q2: Is it mandatory to register the SPA in India?

For property-related SPAs, registration is highly recommended. For banking or administrative use, it might not be required.

Q3: Is an apostille sufficient in India?

Yes. Since both the U.S. and India are signatories of the Hague Apostille Convention, apostilled documents are legally valid in India.

📌 Read more:

🔗 https://travel.state.gov/content/travel/en/records-and-authentications/authenticate-your-document/apostille-requirements.html

Q4: Can my SPA be revoked later?

Yes. A Revocation of Power of Attorney document must be issued, notarized or apostilled, and sent to India.

🌐 Backlinks & Resources Summary

📌 Final Thoughts

Creating a Special Power of Attorney for India from the U.S. is not difficult, but you must ensure the legal steps are followed—accurate drafting, proper notarization, apostille or consular attestation, and potential registration in India.

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