SPECIAL POWER OF ATTORNEY
(executed outside India by a person residing abroad, in respect of one property)
Executed at __________, __________, on __________.
Route of execution and authentication adopted: __________.
1. The Principal
I, __________, __________ __________, __________, holding passport no. __________, residing at __________ ("the Principal", "I", "me", "my"), make this Power of Attorney.
2. The Attorney
I appoint __________, __________ __________, holding __________, residing at __________ ("the Attorney"), to be my true and lawful attorney for the limited purposes set out in this deed.
This is a special power of attorney. It is confined to the Property described in clause 3 and to the powers expressly granted in clause 6. It is not a general power of attorney and gives the Attorney no authority over any other property, asset or affair of mine.
Relationship of the Attorney to me: __________. This is stated because stamp duty on a power of attorney in most States turns on the relationship between the parties as well as on what is authorised.
3. The Property
This power relates only to __________ situated at __________, __________, described as follows ("the Property"):
__________
4. What this document is not
This Power of Attorney does not transfer or convey any ownership, title or interest in the Property to the Attorney or to anyone else. It is an authority to act in my name, and nothing more.
The Supreme Court held in Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656 that a transfer by way of a general power of attorney, an agreement to sell and a will — the "SA/GPA/WILL" practice — does not convey title, and that immovable property can be conveyed only by a registered deed of conveyance. Anyone who is offered this document as if it were a title document should refuse it. Any sale of the Property authorised by this deed must be completed by a properly stamped and registered sale deed executed in my name.
The Attorney holds this authority as my agent and in a position of trust. Save only for such interest of the Attorney as is expressly recited in clause 9, the Attorney takes no beneficial interest in the Property under this deed; and any interest so recited is an interest in the subject matter of this power only, and is not ownership of or title to the Property.
5. Why I am giving this power
I reside outside India and cannot conveniently attend in person to the matters set out below in relation to the Property. I am of full age and of sound mind, I understand the contents of this deed, and I execute it of my own free will.
6. Powers granted
I authorise the Attorney, in my name and on my behalf, and only in relation to the Property:
- To represent me before public authorities, the housing society or apartment owners' association, the municipal or development authority, the electricity, water and gas providers and the revenue authorities in respect of records relating to the Property; to sign, verify and submit applications, forms and correspondence for that purpose, and such undertakings and indemnities as the authority, society, association or provider concerned requires in its own standard form; to inspect records; and to obtain certified copies, extracts, encumbrance certificates, tax receipts, no-objection certificates and khata or mutation entries relating to the Property.
- And generally to do everything that is strictly incidental to and necessary for carrying out the powers expressly granted above, and nothing beyond them.
7. Limits on these powers
7.1 Except to the extent expressly granted in clause 6, the Attorney shall not sell, agree to sell, transfer, mortgage, charge, lease, licence, or create any interest in or over the Property, and shall not part with possession of it.
7.2 In no circumstances shall the Attorney gift, exchange, release, surrender, partition or settle the Property, or execute any will, trust or family arrangement in respect of it.
7.3 The Attorney shall not sell, transfer or mortgage the Property to himself or herself, to his or her spouse, children, parents or siblings, or to any firm, company, trust or other entity in which he or she has an interest, and shall not otherwise place himself or herself in a position of conflict with my interest.
7.4 The Attorney shall not sign any document that admits liability on my behalf, gives any personal guarantee in my name, or creates any obligation on me that is not necessary for the powers granted in clause 6.
7.5 The Attorney has no authority I do not myself possess, and this deed confers none.
8. Money
All money received by the Attorney under this deed belongs to me. The Attorney shall receive it only through banking channels and only into an account in my own name, shall not mix it with the Attorney's own money, shall keep true accounts with vouchers and receipts, and shall produce those accounts to me on demand and in any event on the termination of this power. The Attorney is not entitled to any remuneration under this deed, and may be reimbursed only the actual out-of-pocket expenses properly incurred in exercising these powers.
9. Duration and revocation
9.1 Nature of this power. Except where this clause 9 expressly provides otherwise, this power is revocable by me at any time and is not coupled with any interest of the Attorney.
9.2 Commencement. This power takes effect on the date of its execution stated above and continues until it is determined in accordance with this clause or by operation of law.
9.3 Determination by operation of law. Under section 201 of the Indian Contract Act, 1872 an agency is determined by my death, my becoming of unsound mind, or my being adjudicated an insolvent; where the authority is coupled with an interest, section 202 applies and it cannot be terminated to the prejudice of that interest. The Attorney shall act no further on becoming aware of any such event.
9.4 How revocation will be effected. Subject to clauses 9.1 and 9.3 and to section 202 of the Indian Contract Act, 1872, any revocation of this power shall be by a written deed of revocation, and I shall (a) give written notice of it to the Attorney, (b) where this power has been registered, lodge intimation of the revocation with the same Sub-Registrar, and (c) publish notice of the revocation in a newspaper circulating in the district where the Property is situated. Under sections 207 and 208 of the Indian Contract Act, 1872 a revocation binds the Attorney when it becomes known to the Attorney, and binds third parties when it becomes known to them; acts done before that knowledge are binding on me.
10. Ratification
I ratify and confirm all lawful acts done by the Attorney within the powers granted in clause 6, as if done by me personally. This ratification does not extend to anything done outside those powers, in breach of clause 7, or after this power has ended.
11. Delegation
__________.
12. Other people's forms
This deed supports my dealings with third parties; it does not replace their own paperwork. A bank will ordinarily insist on its own mandate or power-of-attorney form and on its own verification of my signature; a Sub-Registrar will apply his own presentation formalities, including section 32A of the Registration Act, 1908; a court will require a vakalatnama; and a housing society, a lender or a purchaser may each require additional documents. The Attorney is authorised to sign such of those forms as are necessary to give effect to the powers in clause 6, and no others.
13. Stamping and registration in India
This deed is executed outside India. It shall be stamped in India, in the State where the Property is situated, within three months of the date on which it is first received in India, as required by section 18 of the Indian Stamp Act, 1899.
Where the law of that State requires this deed to be registered, it shall be registered before it is acted upon, and presented in time. Section 23 of the Registration Act, 1908 allows four months from the date of execution for presentation; and where a document executed out of India is presented within four months after its arrival in India, section 26 permits the registering officer to register it if satisfied that it was so executed and that the delay was unavoidable. Both clocks are to be worked to: the original is to be couriered to India promptly and the date of its arrival in India recorded in writing.
14. Governing law and jurisdiction
This deed is governed by the laws of India, and the courts at __________ shall have jurisdiction in respect of it.
IN WITNESS WHEREOF I have signed this Power of Attorney, consisting of the pages initialled by me, at __________, __________, on __________.
SIGNED AND DELIVERED by the Principal
_________________________________________
__________
(Principal)
Affix recent passport-size photograph here and sign across it.
IN THE PRESENCE OF:
| Witness 1 | Witness 2 | |
|---|---|---|
| Signature | ____________________ | ____________________ |
| Full name | ____________________ | ____________________ |
| Address | ____________________ | ____________________ |
| Passport / ID no. | ____________________ | ____________________ |
NOTARIAL / CONSULAR CERTIFICATE
To be completed and sealed by the Notary Public or Consular Officer before whom this deed is executed, recording the date, the place, the identification documents produced by the Principal, and that the Principal signed in that officer's presence.
_________________________________________
Signature, seal and registration number of the Notary Public / Consular Officer
Legalisation of this deed is to be completed only in the manner stated at the head of this deed, namely: __________. No step beyond that route is required to legalise this deed for use in India.
ACCEPTANCE AND SPECIMEN SIGNATURE OF THE ATTORNEY
I, __________, accept this appointment. I have read the limits in clause 7 and I shall act within them, keep true accounts, and hold all money received for the Principal. I shall not represent to anyone that this deed gives me any ownership of the Property.
Specimen signature (1) ____________________ (2) ____________________ (3) ____________________
_________________________________________
__________
(Attorney)
Date: ____________________ Place: ____________________