What is special power of attorney in India?

Asked by: Mr. Thurman McLaughlin I  |  Last update: July 4, 2022
Score: 4.3/5 (30 votes)

A Special power of attorney (SPoA) is a legal document authorising one person (called an agent) to act on behalf of another (the principal). The principal grants the agent this authority because he is unable to make the decisions his/herself. This SPoA is specific to property.

What is the meaning of special power of attorney?

A special power of attorney is a legal document outlining the scope of authority given to an agent, known as “an attorney in fact,” by the principal. Under the special power of attorney, an agent is given the powers to act on behalf of the principal to make specific legal or financial decisions.

What are the requirements to get special power of attorney?

How to get special power of attorney
  • The name and address of the principal.
  • The ID, physical address, and agent's details.
  • A reason to get the SPA.
  • Date and the place where one will sign that form.
  • The principal's signature.
  • The principal's name, identification number, and the ID expiry date.

Does a special power of attorney need to be registered?

Special Power of Attorney deed has to be compulsorily registered from a Sub-Registrar office where the property is situated, if immovable property of value of Rs. 100 or above is the subject matter of the deed. Appropriate Registration charges are to be paid as per the State Rules.

What is difference between general power of attorney and special power of attorney?

A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

Power of Attorney - General (GPA) & Special (SPA) Explained in Hindi

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How long is a special power of attorney valid?

However, the Special Power of Attorney is already expired as it is indicated in the document that its validity is only one year from the date of the sale of the property to my seller.

How long is power of attorney valid in India?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

What is the cost of special power of attorney?

Stamp Duty payable for Special Power of Attorney is Rs. 100/-.

Can I sell property with special power of attorney?

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

How much does it cost to get a special power of attorney?

How much would I typically need to pay to get a Special Power of Attorney form? The cost of meeting and hiring a lawyer to generate a Power of Attorney could add up to anywhere from $200 to $500.

Why do you need special power of attorney?

Key Takeaways. A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf. The agent can act on behalf of the principal only under specific, clearly defined circumstances.

Does special power of attorney need witness?

REQUIREMENTS FOR SPECIAL POWER OF ATTORNEY

Must bring two (2) witnesses of legal age (18 years old) to the Embassy to personally witness the execution of the document; Passport of the Applicant; Photocopy of the Passport of the Applicant (First and Last Page);

What is difference between GPA and Spa?

They can be of two types — special power of attorney (SPA) and general power of attorney (GPA). While an SPA is used for transfer of a specific right to the person on whom it is conferred, the GPA authorizes the holder to do whatever is necessary.

Is special power of attorney valid after death?

In the case of revocable power of attorney, the document is not valid after the death of a person, Who has given the authority to act on his behalf. A power of attorney is said to be revocable if the principal has the right to revoke power at any point in time.In this case Power of attorney is not valid after death.

What are the two types of power of attorney?

There are 3 different types of power of attorney: lasting power of attorney (LPA), enduring power of attorney (EPA) and ordinary power of attorney.

What is the best power of attorney to have?

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.

What are the disadvantages of power of attorney?

What Are the Disadvantages of a Power of Attorney?
  • A Power of Attorney Could Leave You Vulnerable to Abuse. ...
  • If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ...
  • A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.

Does power of attorney means ownership of property?

Latest supreme court judgement on power of attorney 2021

A PoA is not an instrument of transfer in regard to any right, title or interest in an immovable property,” a three-judge bench, headed by justice RV Raveendran, said, adding that property can legally be transferred only through a registered sale deed.

Can I sell my dad's house with power of attorney?

To reiterate, with a power of attorney property can only be sold if the subject is incapable of making a decision - but the sale must be in the subject's interests.

Can special power of attorney be Cancelled?

The donor of the power of attorney will have to get a registered cancellation deed (registered from the office of the respective sub-registrar). After that, the principal has to give the holder of the power of attorney the registered cancellation deed, informing him or her of the cancellation.

Is Witness required for power of attorney India?

Advocate Pramod argued that there is no requirement under law that a power of attorney should be attested by witnesses. There is a presumption of genuineness under Section 85 of the Indian Evidence Act, 1872 if the power of attorney is executed before an Indian consul in a foreign country.

Is notarized power of attorney valid in India?

Notarization is one of the proper form of authenticating power of attorney in the eye of law and as such General power of attorney dated 28.08. 2008 is valid and properly ratified.

How much does it cost for power of attorney in India?

Generally, the stamp duty payable for a power of attorney is Rs 100. For registration , the fee payable is also Rs 100. For a general power of attorney given to promoters and developers, the stamp duty applicable is Rs 1000 and registration charges are Rs 100.

Can power of attorney be registered anywhere in India?

a power of attorney without any consideration to agent and containing a power to sell property and to execute conveyance and complete registration formalities, can be made anywhere.

Do we need life certificate for power of attorney?

The Power of Attorney document (POA) is generally valid for six months. The registrar office to avoid any legal issues have started insisting on Life certificate. However, in some cases if the registration happens within 30 days of the signed POA document, the officers may or may not insist on Life certificate.