Can immovable property be sold using a GPA in India?

No — as held by the Supreme Court in Suraj Lamp & Industries (2011), a Power of Attorney is not an instrument of transfer and does not convey ownership title. A GPA holder can only execute a registered conveyance deed on behalf of the principal if expressly authorized.

Does a Power of Attorney require compulsory registration?

Registration is mandatory under Section 17 of the Registration Act if the PoA authorizes the sale, mortgage, or transfer of immovable property. A PoA for court representation or routine administrative tasks can be executed before a Notary Public.

Power of Attorney Generator – Free GPA & SPA Draft

Q: What is the difference between a GPA and an SPA in India?

A General Power of Attorney (GPA) grants broad authority to an agent to handle multiple financial, legal, and property management matters. A Special Power of Attorney (SPA) restricts authority to a single, specific task, such as executing a specific sale deed or presenting a vehicle at the RTO.

1. Deed Classification

Type of Power of Attorney

2. Principal (Executant / Grantor) Details

Full Name of Principal

Son / Daughter / Wife of

Age (in years)

Permanent Address

3. Attorney (Agent / Holder) Details

Full Name of Attorney

Son / Daughter / Wife of

Relationship to Principal

Residential Address

4. Scope of Authority & Property Particulars

Specific Subject Matter / Purpose (Mandatory for SPA)

Describe property schedule, municipal numbers, or specific administrative proceedings clearly.

Conferred Powers Checklist

Represent before municipal, revenue, and utility authorities. Sign plaints, petitions, affidavits, and appoint advocates. Operate bank accounts and issue instruments (Use caution).

Place of Execution (City / State)

Revocability

Power of Attorney Draft

Fill in the principal, attorney, and purpose particulars on the left, then click "Generate Power of Attorney Deed" to preview.

This is a self-help drafting aid under the Powers of Attorney Act, 1882. If this deed involves the sale or conveyance of immovable property, compulsory registration at the Sub-Registrar Office is required under Section 17 of the Registration Act.

Statutory Rules on Power of Attorney in India

Notarization vs Sub-Registrar Registration: A PoA used for property sales, leases exceeding one year, or executing registered deeds must be registered at the Sub-Registrar Office. For bank representations, vehicle matters, or court cases, notarization on non-judicial stamp paper is sufficient.
Stamp Paper Duty Rules: When executing a PoA in favor of blood relatives (spouse, child, parent), many states offer concessional stamp duty (e.g. ₹500). PoAs executed in favor of unrelated third parties for consideration attract ad-valorem stamp duty equivalent to a sale conveyance.
NRI Power of Attorney Execution: NRIs executing a PoA abroad must sign it before an Indian Consular / Embassy Officer and have it adjudicated (stamped) in India within three months of receipt under Section 18 of the Indian Stamp Act.

Frequently Asked Questions About Power of Attorney

What is the difference between a GPA and an SPA in India?

A GPA grants broad, general management authority across legal, administrative, and property affairs. An SPA is strictly confined to a single transaction, such as appearing in a specific case or signing a specific deed.

Can property ownership be transferred solely via a GPA?

No — the Supreme Court ruled in Suraj Lamp Industries that GPA sales do not convey legal title. A registered Sale Deed is compulsory to transfer immovable property ownership.

Does a Power of Attorney terminate upon the death of the Principal?

Yes — under Section 201 of the Indian Contract Act, a Power of Attorney terminates automatically upon the death, insolvency, or mental unsoundness of the principal.

Power of Attorney (GPA / SPA) Generator