Power of Attorney in India - General vs Special (GPA and SPA)

What a power of attorney does

A power of attorney authorises another person, the agent, to act for you within the written authority given. It is governed by the Powers of Attorney Act, 1882 and the law of agency in the Indian Contract Act, 1872.

General and special

A general power of attorney (GPA) gives wide authority, while a special power of attorney (SPA) is limited to a defined act, such as appearing in a case or selling one named property. For court matters and NRI work an SPA is the safer choice.

Property transfers

In Suraj Lamp and Industries v. State of Haryana (2011) the Supreme Court held that a GPA and will arrangement does not transfer title to immovable property, and that a registered sale deed is needed. A power of attorney is therefore not a substitute for a registered conveyance.

Stamping, registration and revocation

Stamp duty and registration rules differ by state, and a power of attorney authorising sale of immovable property is usually registered. The principal can revoke it unless it is coupled with an interest, and it ends on the principal's death. A document signed abroad must be notarised and authenticated, and then stamped in India within the period allowed by law, commonly three months of first reaching India under Section 18 of the Indian Stamp Act.

Frequently asked questions

Is a GPA enough to sell my property?

No. Title passes only by a registered sale deed, whether signed by you or by an agent acting under a valid registered power of attorney.

Can a power of attorney be cancelled?

Yes, by a revocation deed with written notice to the agent, unless it is irrevocable because it is coupled with an interest.

Should a lawyer draft it?

It is strongly advisable, because the scope, stamping and registration decide whether the agent can act.

Discuss with Advocate Aayush Agarwal

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