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Special Power of Attorney- Sale Deed

{For delegation of power to negotiate and execute a Sale Deed on behalf of the principal}

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A person is required to execute various documents while buying or selling any immovable property both, residential or commercial. However, there may be circumstances like travelling, sickness, being abroad or like when a person is unable to execute these documents personally. In such circumstances, the most usual method is to execute a power of attorney.

 

 

What is a Special Power of Attorney?

A special Power of Attorney (SPA) is a document through which an authority to perform a specific task on behalf of the principal is given to another person called Attorney. SPA only confers authority onto an attorney to perform a specific task like buying/ selling a property, taking possession, getting sale/ lease deed registered, getting loan sanctioned etc. It is mandatory to register a SPA in office of sub-registrar in case of any right related to immovable property being the subject matter of SPA. Normally, SPA is specific to property transactions.

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Essentials of Special Power of Attorney

  • grantor should be 18 years of age and competent to contract
  • no generalization of powers
  • limited to a specific act to be performed by the attorney
  • should be in writing and on a stamp paper
  • all pages should be signed by the Grantor/ Executant
  • should be signed by two witnesses
  • should be notarized
  • registration in office of sub-registrar

special power of attorney executed by person living abroad

Please note that a SPA executed by a person living abroad is not required to be on a stamp paper. It should be drafted on plain paper and should be notarized in the country where the executant is residing and then registered in India.

Registration of Special Power of Attorney

Getting a SPA notarized does not tantamount to its registration. It is mandatory to register a SPA in case of any right related to immovable property of value of Rs. 100/- or above is the subject matter of the SPA. SPA is required to be registered in the office of sub-registrar of the area where the immovable property is situated.

 

Note :-

  • Draft template will be provided in soft copy
  • Extra charges will apply for customized document