SPECIAL POWER OF ATTORNEY
A Power of Attorney is an instrument 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 agent, to act on his behalf. A Special 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 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 Sub 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 the Delhi.
Registration of Special Power of Attorney Following are some of the Important Points to note in relation to Registration of SPA / Special Power of Attorney for property in Delhi :
Special Power of Attorney in favour of father, mother, son, daughter, husband, wife, brother, sister etc can be registered in the Sub Registrar Office in Delhi.
The grantor, and two witnesses alongwith the identification documents need to be present during the presentation of documents before the Sub – Registrar.
An SPA can now be registered in respect of a property situated in another State / outside Delhi in the Delhi’s Sub Registrar Office in certain cases.
We provide services for the the Drafting and Registration of Special Power of Attorney (SPA) in Delhi.