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Home Blog Real Estate Legal Guide Special Power of Attorney

Special Power of Attorney: Important Insights for 2024

Updated : August 31, 2023

Author : Jessica

Real Estate Legal Guide

6231 views

A general power of attorney (GPoA) is a legal document that authorises one person (referred to as an agent) to act on another's behalf (the principal). The principal for whatever reason may be unable to make decisions for himself and can give the agent this authority. The agent would have the authority to make legal, medical, financial, and business choices under this GPoA, which is not particular in nature (but not real estate). It is irreversible, and the principal must agree to the GPoA's actions.

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. This Special PoA is property specific. It is irreversible, and the principal must agree to the SPoA's actions.

Key Takeaways

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The special power of attorney allows a person (the principal) to nominate another person (the agent) to act on their behalf in legal matters.
Only particular, well-defined conditions allow the agent to act on behalf of the principal.
A general power of attorney is more expensive than a special power of attorney cost, allowing the agent to make all legal and financial decisions on the principal's behalf.

Benefits of a Special Power of Attorney to Manage Property

The main rationale for using a special power of attorney for property is to ensure that your finances and other legal issues are handled the way you want them to be in instances where you are unable to do so yourself. If you're in a terrible accident or become terminally ill, for example, your agent will be allowed to make certain financial or legal decisions in accordance with your orders.
Special power of attorney validity: Keep in mind that the special power of attorney is only valid for the duration of your life. If you were to die, the special power of attorney (real estate) would be revoked. Your assets would then be managed according to the terms of your will or trust if you have one. When someone dies without a will, their assets are dispersed according to their state’s inheritance rules.

Example of Special Power of Attorney

A power of attorney is an agreement between two people that authorises one person to act on behalf of the other. This example works well for a special power of attorney format for NRI - If you are out of the nation and unable to complete a business transaction yourself, or if your abilities are limited due to a medical condition, you may need a power of attorney. The grantor or principal is the individual who begins a special power of attorney document, whether verbally or in writing. The attorney or agent is the person identified in the agreement as the authorised person. The acts that the agent can conduct under a special power of attorney are confined to extremely particular conditions.

‘General’ versus ‘Special’ Power of Attorney

While the special power of attorney is meant for specific acts to be performed, it is quite different from the general power of attorney or GPA. The title of General Power of Attorney confers to the general power of performing a wide variety of acts including authorising sales, legal matters, recovering rents, closing accounts, attending to legal matters, etc., and therefore must be a very trusted person. Also, the power of GPA goes to a legal agent only if the person is unable to make such decisions by themselves.

‘General’ versus ‘Special’ Power of Attorney

A power of attorney (POA) is a legal document that allows someone to act on your behalf in certain matters. There are two types of power of attorney: general and specific. Here's the difference between them:

General Power of Attorney: A general power of attorney grants broad powers to the person you appoint as your agent. They can act on your behalf in a variety of matters, such as buying or selling property, managing finances, and making legal decisions. A general power of attorney is typically used when you are unable to handle your own affairs due to illness, injury, or absence.

Specific Power of Attorney: A specific power of attorney, on the other hand, grants limited powers to the person you appoint as your agent. They can only act on your behalf in specific matters that are listed in the power of attorney document. For example, you may grant a specific power of attorney to someone to sell a property on your behalf or to make medical decisions for you.

It's important to choose the right type of power of attorney for your needs. NoBroker Legal Services can help you draft a specific power of attorney form or a general power of attorney form based on your requirements. We can also assist with the registration of the power of attorney and provide guidance on the validity of special power of attorney in India.

‘General’ versus ‘Special’ Power of Attorney

Types of Special Power of Attorneys

There are several types of special powers of attorney available, which allow principals to appoint agents to manage their affairs in the event of commitments or other unforeseen events. There is a special power of attorney for relinquishment deed format, special power of attorney for buying property or special power of attorney for rental property but each sort of power of attorney is specific to a principal's current position.

Limited Power of Attorney - The limited power of attorney is a legal document that transfers authority from the principal to an agent for a specific transaction and for a specific length of time. Once the transaction is completed or the principal becomes disabled, the limited power expires.
General Power of Attorney - An agent with a general power of attorney can handle all of the principal's business. The contract becomes effective immediately upon the principal's incapacitation and stays operative until his death because it has no time restriction.
Springing Power of Attorney - When a specified event occurs that renders the principal unable to act, the springing power of attorney document becomes effective at a later stage.

Types of Special Power of Attorneys — It is necessary to have a medical power of attorney to be prepared for the foreseeable future.

Medical Power of Attorney - An agent is given the authority to make essential medical choices on behalf of the principal in the contract above. The contract becomes effective as soon as the presiding physician signs it.

How To Make a Special Power of Attorney Deed to Execute a Sale Deed?

There are specific ways allotted in terms of special power of attorney format for authorization. To create a Special Power of Attorney deed (or special power of attorney to execute gift deed format), the special power of attorney for purchase of property India format includes many such as:

Drafting - Make a detailed manuscript of the deed. You can easily find the special power of attorney form and the special power of attorney word format, online.
Print on Stamp paper — Print the document on appropriate-value Stamp paper (this step varies from state to state). Unless you live abroad, this step is required for the special power of attorney to sign a deed of sale.
Registration (in the case of real estate transactions) – The special power of attorney to present documents for registration can be done by paying the relevant fees. You can register the deed in the Sub-Registrar's office and pay the power of attorney for property registration fees where the property is located. You may also have to pay a small special power of attorney stamp duty.
Signature - The Grantor should sign the drafted POA (person who gives the power). Two witnesses shall sign the deed as witnesses. Signatures must be made in the presence of the Registrar while being registered.

The special power of attorney format pdf is available online for the special power of attorney registration.

What Should Be Included in the Special Power of Attorney for Registration of Property Deeds?

The following are the essential components of a Special Power of Attorney deed:

Grantor Details - The name, age, residence, and occupation of the person who grants the power to the Attorney (Grantor) should be listed first.
Attorney Details - The following section should provide the name, age, father's name, address, and employment of the person to whom the power is issued (Attorney).
Reason for special power of attorney to administer property - The valid cause for providing the power should be mentioned, for example, staying overseas or being hospitalised.
Performing Act Details- Mention the exact details of the act that the Special Power of Attorney for transfer of property has been authorised to do, such as presenting a document for special power of attorney sale of land or having the power to appear in court.
Date and Location- The day, date and location of the deed should be clearly stated, as well as the date on which the power of special power of attorney will be turned on.
Grantor's Signature- The Grantor must sign the document of special power of attorney for house construction at the end, as well as at the bottom of each page.
Witness Signatures - Two witnesses must sign the deed with their names, addresses, phone numbers, and dates, confirming that they saw the Grantor sign the special power of attorney to sell property format deed.

How To Make a Special Power of Attorney Deed Legally Valid?

Follow these steps to make your Special Power of Attorney for the sale of property legally binding:

According to the state-governed laws where it is to be registered, the deed shall be written on Stamp paper of acceptable value.
The Grantor should sign the deed at the bottom of all pages.
At the end of the document, two witnesses shall sign and attest to the deed.
If the Special Power of Attorney special price deed does not involve any immovable property, it can be attested by a Notary Public with their seal and signature.

What is the Process of the Special Power of Attorney Format for NRI?

If you live outside of India and want to delegate authority to someone in India, you must follow these steps to create a Power of Attorney deed -

On plain white paper, write the special power of attorney to purchase a property deed.
A Notary in the country or state in which you live there should attest to the draught from the Indian Embassy or Consulate there.
All pages of the deed must be signed by the Grantor.
By registered mail or courier, send the documented Special Power of Attorney deed to your authorized party in India.
According to state regulations, the person to whom you transmit the deed shall get it registered at the assigned government agency. It could be the office of the Sub-Registrar or the office of the Sub-Divisional Magistrate.

How To Cancel a Special Power of Attorney

If you have granted a special power of attorney to someone and want to revoke it, you can do so by following a few simple steps. Here's how:

Draft a Revocation Deed:
To cancel a special power of attorney, you need to draft a revocation deed. This is a legal document that formally revokes the power of attorney. The revocation deed must include the details of the special power of attorney, the date of execution, and the reason for revocation.
Execute the Revocation Deed:
Once you have drafted the revocation deed, you need to execute it in the presence of two witnesses. The witnesses must sign the revocation deed as well.
Serve Notice:
After executing the revocation deed, you need to serve notice to the person who holds the special power of attorney. The notice must inform them of the revocation and provide them with a copy of the revocation deed.
Register the Revocation Deed:
Once the notice has been served, you need to register the revocation deed with the sub-registrar of assurances. This will ensure that the revocation is legally binding.
Retrieve Original Document:
Lastly, you need to retrieve the original special power of attorney document from the person who holds it. This will ensure that they can no longer use the power of attorney to act on your behalf.

NoBroker Legal Services can help you draft and execute a revocation deed, serve notice, and register the revocation deed. Contact us today for assistance.

A general power of attorney is more comprehensive than a special power of attorney, which gives the agent authorization for a limited set of activities under a limited set of circumstances—such as selling or buying a home, running a business, or withdrawing money from an account. A general power of attorney gives the agent the legal authority to act on behalf of the principal in all financial and legal matters. An individual who will be out of the country for a year may delegate broad authority to an agent to handle personal and company financial transactions, bill payments, life insurance purchases, charitable donations, real estate management, and tax returns. Have any more queries? Head to NoBroker Forum for all your answers.

FAQ’s

Q1. Where can I find the special power of attorney format for the sale of property online?

Ans. You can find all the information, deeds and formats on the special power of attorney for the sale of property here – Link.

Q2. What is the stamp duty rate for the Special power of attorney deed?

Ans. It is easy to get a hand on the deed and does not cost much and is capped at around Rs. 100 for stamp paper for special power of attorney

Q3. What are the documents required for the registration of the special power of attorney in India?

Ans. Only the basic requirements are required for the registration of special power of attorneys such as an Aadhar card, address proof, PAN card, and information of both the grantor and agent along with the latest special power of attorney draft.

Q4. What is a limited power of attorney?

Ans. The limited power of attorney is a legal document that transfers authority from the principal to an agent for a specific transaction and for a specific length of time. Once the transaction is completed or the principal becomes disabled, the limited power expires.

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Jessica,Author

Jessica loves to read about everything and is currently deeply interested in real estate. She has 5 years of intense research experience and can bring before you well-informed articles. Jessica enjoys writing and this is seen in her work.

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