What is the special power of attorney in India?

Asked by: Adolph Gutmann  |  Last update: August 6, 2023
Score: 5/5 (41 votes)

A special power of attorney (SPoA) is a legal document that authorises one person (referred to as an agent) to act on another's behalf (the principal) if the principal is unable to make decisions for himself, he gives the agent this authority.

How long is special power of attorney valid in India?

Another important thing to note here is that a PoA remains valid only till the life of the principal.

Who can use special power of attorney?

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.

What is general power of attorney and special power of attorney India?

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.

What is power of attorney power in India?

Power of attorney (POA) is an important legal document that allows a person to appoint another person or organization to manage his/her property (Power of attorney for property), medical affairs, and finances on his behalf in his absence.

Power of Attorney || SPA and GPA|| The law || Important provisions || MJ Sir

24 related questions found

Can I sell property with power of attorney in India?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Can you transfer property with power of attorney in India?

The Supreme Court of India in 2011 declared that “a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property”.

Does a special power of attorney need to be registered in India?

- No registration of SPA is required , as the person who is giving attorney is outside India. - However, that SPA should be notarized as per rule of that courtly and must be attested from the consulate of India . Even in relinquish/release deeds, there must be a deed executed by the parties at the Sub-registrar office.

How many types of power of attorney are there in India?

There are two kinds of power of attorney viz., "General Power of Attorney" and "Special (or limited) Power of Attorney" .

Is general power of attorney valid after death in India?

At Last, the power of attorney becomes invalid after the death of the person who is granting the power. Also, the power of attorney becomes insolvent if the agent dies, files bankruptcy, or becomes incapacitated. So the answer to the question is the power of attorney valid after death is no.

How do I get a special power of attorney in Canada?

  1. Original and one (1) photocopy of the special power of attorney form.
  2. Two (2) photocopies of 2 different forms of identification wherein your photo and your name as used in your document is shown such as passport, citizenship card or driver's license of the person(s) who will execute the document.

Can I make my own special power of attorney?

A person can easily create and sign the form if one is knowledgeable on its format, requirements and its legality. If you want the SPA document, start by learning the special power of attorney format and the different terms used.

Is a power of attorney a specific form of authority?

A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf.

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

It will be called as "Power of Attorney for Consideration 0.5% (subject to a minimum of Rs. 1,000/-and maximum of Rs. 20,000/-)" Registration fees will be applicable. Yes and if brother will also authorize to execute sale deed than register the POA at sub registrar office.

How to give power of attorney to someone in India from abroad?

Draft the Power of Attorney deed online or hire a lawyer in India to draft it for you. Get the deed attested by the Indian embassy or consulate in that country. Any Notary from there can also attest it. The person making the deed, the Grantor, should sign the deed in all pages.

Can OCI give power of attorney in India?

Steps an NRI or OCI/PIO can follow to send PoA:

Provided that the granted authority is notarized and apostilled, the emigrants can entrust their certain powers. They should remember that the mandatory certificate attestation services must be carried out by the Indian Consulate or Embassy.

Does power of attorney need to be notarized in India?

—The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.”

What documents required for PoA in India?

Documents Required For Power Of Attorney In India

Proof of the principal's identity, such as a passport, voter ID card or PAN card. Proof of the attorney's identity, such as a passport or voter ID card. Two witnesses will also need to provide proof of identity and sign the power of attorney document.

Who are eligible for power of attorney in India?

A power of attorney can be executed by any person who is competent to enter into a contract. However, the married women can execute powers of attorney even if they are minors. A company while executing power of attorney must make conformity with the 'Articles of Association' and its common seal.

How can I register my NRI power of attorney in India?

“In India, an NRI can get the POA executed in the Sub-Registrar's office. However, the POA should be drafted on a non-judicial stamp paper of Rs 100 value. Also, two legal representatives and witnesses would be required to execute the deed.

Can I make power of attorney online in India?

Requirements for a Power of Attorney

POA is signed and acknowledged before a notary public and is signed by two witnesses. The witnesses cannot include attorney-in-fact in case of a durable POA. In the case of an online POA, Aadhar card and ID card is mandatory. Also, the document should be notarized.

How do I give power of attorney to someone from Canada in India?

Your Attorney will need to register the Power of Attorney in the offices of the Sub-Registrar of the relevant area in India. Your Attorney will be required to present and submit evidence of his/her identification alongside the Power of Attorney. A small fee will also be payable to process the document.

Can NRI buy property in India without power of attorney?

Power of attorney: NRIs must provide a power of attorney in case they're not in India for executing the purchase transaction. Please note that you will need a special power of attorney which is registered and notarized and not a general power of attorney to execute a property transaction.

How NRI can sell property in India without coming to India?

An NRI can sell his/her residential or commercial property to either a person residing in India, another NRI or a person of Indian origin (PIO). One can also mortgage the property to an authorised real estate dealer or a financial institution dealing with home loans.

How to get power of attorney for NRI to sell property in India?

The Process To Execute Power Of Attorney

The POA may be signed by an NRI in India at the Sub-office. Registrar's The POA must, however, be printed on paper and stamped with a non-judicial stamp costing Rs 100. Additionally, two attorneys and two witnesses would both need to sign the deed.