How to make special power of attorney?

Here’s how to make special power of attorney,

• Prepare the SPA text clearly listing: Grantor details: full name, address, age. Agent details: full name, address, relationship. Exact power being granted (e.g., “to sell property at XYZ”). Dates: when it starts and when it ends (if specified).

• Print the draft on non-judicial stamp paper of the value required by your state’s law. Stamp duty varies by state and by what powers you are granting; when powers relate to immovable property, proper stamp value is mandatory.

• The Grantor must sign every page at the bottom. Two independent witnesses must sign at the end with full details (name, address). This prevents future disputes about authenticity.

• For most SPAs, notarisation by a Notary Public adds legal authentication. If the Grantor is outside India, they must sign before a notary/Indian embassy or consulate, then send the deed to India for registration.

• If the SPA involves immovable property, registration at the Sub-Registrar’s Office where the property is located is required by law otherwise it cannot be used to sell or transfer the property. Bring original IDs of Grantor/Agent and witnesses for registration.

A Special Power of Attorney (SPA) is a legal deed where one person grants another (the Agent/Attorney) only specific legal authority for example, to sell a specific property or appear for registration and no broader powers. Once that specific act is done, the SPA automatically ends.

A special power of attorney is a legal document which authorises one person (an attorney or agent) to act on behalf of another person (the principal) for one or more specific transactions. For example, you may give a power of attorney to your friend to sell a flat in Delhi or purchase a plot in Assam. Do you know how to make special power of attorney? If no, read the steps given below:

You are required to draft the deed containing all the necessary details, such as attorney details, principal details, list of special powers, reason for giving power, expiration date, etc.

Then the draft needs to be printed on a stamp paper of the required value (this may be different in different states). Unless you are living outside India, this step is necessary for the Power of Attorney deed.

Get the deed registered in the Sub-Registrar’s office where the property is located by paying the required fee.

The Grantor (person who grants the power) is required to sign the drafted power of attorney (POA). The deed should be signed by two witnesses.

Check out the steps to make a POA deed if you live abroad and want to grant power to a person in India:

• Draft the deed on a paper

• Attest the draft from the Consulate in that country by a Notary there or from Indian Embassy

• You (the grantor) are required to sign every single page of the deed

• Courier the attested POA deed to the person whom you want to give powers in India

• The person to whom you courier the deed needs to register the deed in the appropriate Government office (Sub-Divisional Magistrate office or Sub-Registrar office) as per the State rules.

I hope now you know how to make special power of attorney whether living in India or not.