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Special Power of Attorney

Posted by GNRealtech on 11/07/2020
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Special Power of Attorney for Property situated in Delhi or other states

A Power of Attorney is a document that is used to give authority to someone else to legally act on behalf of the principal. A power of attorney is an authority given by a formal instrument whereby one person, who is called the donor or principal, authorizes another person, who is called the donee, attorney or the agent, to act on his behalf.

A Special Power of Attorney Specific Power of Attorney or SPA is used for giving a specific right to the attorney or for authorizing him to do a specific act such as to sell property, for appearing before the Sub Registrar for registration of a deed or document, appearance before the Courts, Government agencies or departments, Registrar of Companies for the Incorporation of a Company, for purchasing immoveable property etc.

A power of attorney that has been executed in India and attested by an Indian Notary Public is not valid for registering any document in the Registrar Office for the transfer of any property. A registered Special Power of attorney is required for authorising a person to sell the property that is located in another state through Sale Deed, Conveyance Deed and also for the execution of Gift Deed, Relinquishment Deed, Lease Deed etc.

However, if the SPA has been attested by the Indian Consulate/ High Commission, Appostile or Notary Public of a foreign country, it will be valid for the registration purposes only after Adjudication / Stamping / Franking / payment of Stamp Duty on the Power of Attorney in Delhi, Noida, Gurgaon.

Registration of Special Power of Attorney in Delhi

Following are some of the Important Points to note in relation to Registration of SPA / Power of Attorney.

  1. Special Power of Attorney in favour of blood relatives like father, mother, son, daughter, husband, wife, brother, sister etc can be registered in the Sub Registrar Office.
  2. The grantor, and two witnesses alongwith their identification documents have to be present before the Sub – Registrar during the presentation of documents for the registration.
  3. The POA can be registered in respect of a property situated in another State / outside Delhi in the Delhi’s Sub Registrar Office only in some limited cases.

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