Special Power of Attorney Format India — SPA Sample

# Special Power of Attorney Format India — SPA Sample

A **Special Power of Attorney (SPA)** — also called a Specific or Limited Power of Attorney — grants authority to an agent (attorney) for one specific act or a defined set of acts, as opposed to a General Power of Attorney (GPA) which grants broad authority across multiple domains.

An SPA is preferred when the principal wants to authorise only a particular transaction (such as the sale and registration of a specific property, or appearing in a specific court case) without granting the agent wide-ranging powers over all affairs. This is a more cautious approach that limits the risk of misuse.

Common uses include: authorising an agent to register a sale deed, sign a Leave and License agreement, operate a specific bank account, represent the principal in a particular court case, or execute a specific contract.

This is for informational purposes only and does not constitute legal advice. Consult a qualified advocate before executing any Power of Attorney.

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When to Use This Template

A Special Power of Attorney is appropriate when:

- You want to authorise someone to execute and register a specific sale deed, purchase agreement, or property document on your behalf

- You are unable to appear at the Sub-Registrar's office and want a representative to present and register a document

- You want to authorise an advocate to appear and act in a specific case only

- You want someone to represent you at a specific government hearing, bank, or authority for one transaction

- You are abroad and want to authorise someone to complete the registration of a specific property transaction

- You want limited banking authority for a single transaction (e.g., operate a specific FD, redeem specific bonds)

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Sample Format — SPA for Property Sale and Registration

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SPECIAL POWER OF ATTORNEY

(For Sale and Registration of Immovable Property)

THIS SPECIAL POWER OF ATTORNEY is executed at [CITY/PLACE] on this [DATE IN WORDS] (DD/MM/YYYY: [DATE]) by:

PRINCIPAL / GRANTOR:

[PRINCIPAL'S FULL NAME], [Age: XX years], [Occupation], son/daughter/wife/husband of [PARENT'S/SPOUSE'S NAME], residing at [COMPLETE ADDRESS], [CITY, STATE, PIN CODE], holding [IDENTITY PROOF TYPE] No. [NUMBER],

hereinafter referred to as "the Principal."

IN FAVOUR OF:

[AGENT'S FULL NAME], [Age: XX years], [Occupation], son/daughter/wife/husband of [PARENT'S/SPOUSE'S NAME], residing at [COMPLETE ADDRESS], [CITY, STATE, PIN CODE], holding [IDENTITY PROOF TYPE] No. [NUMBER],

hereinafter referred to as "the Attorney."

WHEREAS the Principal is the absolute owner of the following immovable property (hereinafter referred to as "the said Property"):

DESCRIPTION OF PROPERTY:

[COMPLETE LEGAL DESCRIPTION OF PROPERTY — e.g., "Flat No. [NUMBER], on the [FLOOR] floor, in the building known as '[BUILDING NAME]', situated at [COMPLETE ADDRESS], [CITY], [STATE], admeasuring approximately [AREA] sq. ft. (carpet/built-up), bounded:

- On the North by: [BOUNDARY]

- On the South by: [BOUNDARY]

- On the East by: [BOUNDARY]

- On the West by: [BOUNDARY]

bearing CTS / Survey / Plot No. [NUMBER], and registered in the name of the Principal vide Registration Document No. [NUMBER], dated [DATE], registered at Sub-Registrar [OFFICE NAME]."]

AND WHEREAS the Principal has agreed to sell the said Property to [BUYER'S NAME], for a total sale consideration of Rs. [SALE PRICE] (Rupees [IN WORDS] only), on mutually agreed terms and conditions.

AND WHEREAS the Principal desires to authorise the Attorney to execute and register the said sale and to do all acts connected therewith on behalf of the Principal.

NOW THEREFORE, the Principal hereby appoints [AGENT'S NAME] as his/her Special Attorney and authorises him/her to do the following specific acts only:

1. To negotiate and finalise the terms of sale of the said Property with the proposed buyer, [BUYER'S NAME], for the sale consideration of Rs. [AMOUNT] or such other consideration and terms as the Attorney deems fit and proper.

2. To execute, sign, and deliver the Sale Agreement / Agreement for Sale in respect of the said Property.

3. To execute, sign, and present for registration the Sale Deed / Conveyance Deed in respect of the said Property before the concerned Sub-Registrar's office.

4. To receive the total sale consideration of Rs. [AMOUNT] from the buyer and to give proper and valid receipts therefor.

5. To appear before and present documents to any Sub-Registrar of Assurances, Collector's office, Municipal authority, or any other government authority in connection with the sale and registration of the said Property.

6. To pay and receive any amounts required for stamp duty, registration fees, and other charges in connection with the registration of the sale.

7. To hand over vacant and peaceful possession of the said Property to the buyer on receipt of the full sale consideration.

8. To execute any other documents, affidavits, declarations, or instruments that may be required by any authority in connection with the completion of the above sale and registration.

9. To do all other acts, deeds, and things as may be necessary and incidental to give effect to the aforesaid sale transaction.

LIMITATION OF AUTHORITY

The authority granted under this Special Power of Attorney is strictly limited to the acts described above in connection with the sale of the said Property only. The Attorney has no authority to act on behalf of the Principal in any other matter not connected with the said specific transaction.

RATIFICATION

The Principal hereby agrees to ratify and confirm all acts, deeds, and things lawfully done by the Attorney pursuant to and within the scope of this Special Power of Attorney.

DURATION

This Special Power of Attorney shall remain valid until the completion of the aforesaid transaction, i.e., registration of the sale deed and receipt of full sale consideration, after which it shall stand automatically revoked. [OR: "until [SPECIFIC DATE]"].

IN WITNESS WHEREOF, the Principal has executed this Special Power of Attorney on the day and year first above written.

Signed and delivered by the Principal:

[SIGNATURE OF PRINCIPAL]

[FULL NAME OF PRINCIPAL]

[DATE AND PLACE]

WITNESSES:

1. Signature: _______________

Name: [WITNESS 1 FULL NAME]

Address: [WITNESS 1 ADDRESS]

2. Signature: _______________

Name: [WITNESS 2 FULL NAME]

Address: [WITNESS 2 ADDRESS]

NOTARIAL / REGISTRATION DETAILS:

[NOTARY SEAL, SIGNATURE, AND REGISTRATION NO.]

[OR REGISTRATION CERTIFICATE FROM SUB-REGISTRAR]

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Sample Format — SPA for Court Representation

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SPECIAL POWER OF ATTORNEY

(For Legal Representation in Specific Case)

THIS SPECIAL POWER OF ATTORNEY is executed at [PLACE] on [DATE] by:

[PRINCIPAL'S NAME, AGE, ADDRESS, ID NO.], hereinafter referred to as "the Principal,"

IN FAVOUR OF

Adv. [ADVOCATE'S FULL NAME], Advocate, Bar Council Enrollment No. [NUMBER], having chamber at [ADVOCATE'S OFFICE ADDRESS], hereinafter referred to as "the Attorney."

WHEREAS the Principal is [PLAINTIFF/DEFENDANT/PETITIONER/RESPONDENT] in:

Case: [CASE TITLE — e.g., "[NAME] vs. [NAME]"]

Case No.: [CASE NUMBER]

Court: [COURT NAME AND LOCATION]

NOW THEREFORE, the Principal authorises the Attorney to:

1. Appear and represent the Principal before the above-named Court (and any appellate court, if required) in the above-mentioned matter.

2. File, sign, and verify all pleadings, affidavits, applications, and documents in the said matter.

3. Present evidence, examine and cross-examine witnesses on behalf of the Principal.

4. Apply for and receive certified copies of all orders and judgments.

5. Negotiate and enter into settlements with the opposing party, subject to the Principal's prior written consent.

6. Take all other steps necessary for the effective conduct of the said matter.

The authority under this SPA is limited to the above-named case only.

SIGNED: [PRINCIPAL'S SIGNATURE, NAME, DATE, PLACE]

WITNESSES: [AS ABOVE]

[NOTARY ATTESTATION]

```

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Key Elements Explained

**Specific Transaction / Case Description**

The most important feature of an SPA is its specificity. The exact transaction, property, case number, or authority must be precisely described. Any ambiguity in scope can lead to disputes about whether the agent acted within authority.

**Limitation Clause**

Explicitly stating what the attorney is NOT authorised to do prevents misuse and ensures third parties dealing with the agent understand the limits of their authority.

**Duration**

For transactional SPAs (property sale, registration), the POA typically expires upon completion of the transaction. This prevents the agent from continuing to act after the purpose is served.

**Property Description**

For property-related SPAs, the property must be described with complete legal details — survey/CTS/plot number, extent, boundaries, registration reference. This should match the title documents.

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Important Notes

**Registration is Mandatory for Property SPAs**

An SPA authorising the agent to execute or register a sale deed or other immovable property document must itself be registered. Section 17 of the Registration Act, 1908 and related stamp duty provisions apply. An unregistered SPA for property transactions is not admissible as evidence and the registration clerk will refuse to register the sale deed based on it.

**Stamp Duty**

State-specific stamp duty applies to SPAs. In Maharashtra (Bombay Stamp Act), stamp duty varies based on the subject matter and whether property is involved. Check the current applicable stamp duty schedule in your state.

**SPA Executed Abroad**

If the principal is abroad, the SPA must be attested by the Indian Consulate/Embassy or notarised by a local foreign Notary (with apostille or authentication, depending on the country's status under the Hague Convention). Upon bringing the SPA to India, it must be adjudicated (stamped) within 3 months of receipt.

**Only Use for Trusted Persons**

An SPA — even a limited one — grants significant legal authority. The agent can bind the principal in the specified transaction. Only grant this authority to a person you trust absolutely and who understands the scope of their authority.

**Death of Principal Terminates SPA**

Like all Powers of Attorney, an SPA is automatically revoked on the death of the principal. Any acts by the agent after the principal's death are void.

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FAQ

**Q1. What is the difference between a General Power of Attorney and a Special Power of Attorney?**

A GPA grants broad authority across multiple domains (property, finance, legal, business). An SPA is limited to one specific transaction or a defined category of acts. An SPA provides more control to the principal — the agent can only do what is specifically described in the document and nothing beyond. For most property transactions where the principal cannot be present, an SPA is preferable as it minimises the risk of misuse.

**Q2. Can an SPA be revoked before the transaction is complete?**

Yes. An SPA (unless it is an irrevocable POA coupled with interest) can be revoked by the principal at any time by executing a Deed of Revocation and notifying the agent and relevant authorities. If the SPA was registered, the revocation should also be registered. However, acts done by the agent before revocation (and before the agent received notice of revocation) remain binding on the principal.

**Q3. Can the same SPA be used for multiple properties?**

An SPA can cover multiple properties if they are all described and all transactions are defined within the same document. However, if the transactions are likely to occur at different times and different Sub-Registrar offices, having separate SPAs for each property may be more practical from a registration standpoint.

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*This template is provided for educational and informational purposes only. It does not constitute legal advice. Power of Attorney requirements, stamp duty, and registration norms vary by state and transaction type. Always consult a qualified advocate before executing any Power of Attorney document.*