Fill in your details

SPECIAL POWER OF ATTORNEY
TO PRESENT A DOCUMENT FOR REGISTRATION AND TO ADMIT EXECUTION

(Executed for the sole purpose of procuring the registration of the document described in the Schedule, and of admitting its execution, under sections 32(c), 32A, 33, 34 and 35 of the Registration Act, 1908)

Executed at __________ on __________.

I, __________, __________, aged about __________ years, __________ by occupation, residing at __________, holding __________ No. __________ (the "Principal", "I", "me", "my"), SEND GREETINGS.

RECITALS

A. I am a party to the __________ described in Part I of the Schedule below (the "said Document"), which I have executed or am to execute in my capacity as __________, the other party or parties to it being __________. The said Document concerns the property described in Part II of the Schedule (the "said Property").

B. The said Document has to be presented for registration before the Sub-Registrar at __________, and its execution has to be admitted before that officer.

C. I am unable to attend personally before the registering officer for that purpose, and I therefore appoint the person named below as my attorney for that limited purpose and for nothing else.

D. __________

NOW KNOW ALL PERSONS BY THESE PRESENTS that I do hereby nominate, constitute and appoint __________, __________, aged about __________ years, __________ by occupation, residing at __________, holding __________ No. __________ (the "Attorney"), to be my true and lawful attorney, to act for me, in my name and on my behalf, in the following matters and in no others.

1. WHAT MY ATTORNEY MAY DO

(a) To present the said Document for registration before the Sub-Registrar at __________, or before such other registering officer as has jurisdiction to register it, under section 32(c) of the Registration Act, 1908.

(b) To admit before that officer that the said Document was executed by me, and to do everything required of an executant's agent on such admission under sections 35 and 58 of that Act.

(c) To appear before the registering officer, to answer any enquiry made under section 34 of that Act, and to satisfy that officer of my identity and of my Attorney's own right to appear as my agent under section 34(3)(c).

(d) To affix his own passport-size photograph and fingerprints as the person presenting the said Document, as section 32A of that Act requires, and to produce and verify my photograph and fingerprints affixed to the said Document and to this power.

(e) To sign the register and the endorsements under section 58, to sign for and to receive the receipt issued under section 52, and to sign every form, declaration, undertaking and acknowledgment that the registering officer requires from the person presenting the document.

(f) To pay the registration fee and any deficit stamp duty, penalty, fine or charge required in respect of the said Document, including any fine under section 25 or section 34 of that Act, and to take receipts for every payment made.

(g) To receive back the said Document after registration under section 52 of that Act, together with every original produced along with it.

(h) To do such acts as are strictly incidental to the acts listed above, and nothing else.

1. WHAT MY ATTORNEY MAY NOT DO

Except as expressly permitted by clause 1 of this power, my Attorney has no authority, express or implied, to do any of the following, and any such act is unauthorised and void as against me:

(a) to execute or sign the said Document, or any deed, agreement or instrument, on my behalf;

(b) to sell, agree to sell, transfer, mortgage, charge, lease, licence, gift, exchange, surrender, relinquish, or in any manner deal with or create any interest in the said Property or in any other property of mine;

(c) to receive, collect or adjust any sale consideration, earnest money, advance, rent, compensation or other sum payable to me, or to give any discharge or acquittance for any such sum, save only the admission before the registering officer of a receipt of consideration already made to me, where clause 1 expressly permits that admission;

(d) to alter, add to, delete, cancel, rectify or vary any term of the said Document, or to consent to any such change;

(e) to hand over possession of the said Property, or to take possession of it;

(f) to appear for me in any court, tribunal or other proceeding, or to compromise, withdraw or settle any claim;

(g) to delegate or substitute any of these powers to any person, my Attorney having no power of substitution (section 190, Indian Contract Act, 1872); or

(h) to act at all after this power has been exhausted, revoked, or has expired.

1. THIS POWER TRANSFERS NOTHING

This power of attorney is not a conveyance. It creates no right, title, interest, lien or charge of any kind in favour of my Attorney in the said Property or in any other property. It is not given for consideration and it is not coupled with any interest. In Suraj Lamp & Industries Private Limited v. State of Haryana, (2012) 1 SCC 656, the Supreme Court of India held that a transfer of immovable property by way of a power of attorney, an agreement to sell and a will does not convey title. Nothing in this document is to be read, produced or acted upon as effecting a transfer of any property, or as supporting any such transaction.

1. THIS IS A REVOCABLE AGENCY

This is an ordinary agency, revocable by me at any time under section 201 of the Indian Contract Act, 1872. It is not a power coupled with an interest and section 202 of that Act does not apply to it. It comes to an end on my death, on my becoming of unsound mind, or on my being adjudicated an insolvent, and my Attorney must not act under it after any of those events, nor after he learns of my revocation of it.

1. REVOCATION AND NOTICE OF IT

I may revoke this power at any time, expressly or impliedly (section 207, Indian Contract Act, 1872). A revocation does not take effect as regards my Attorney until it becomes known to him, nor as regards third persons until it becomes known to them (section 208 of that Act). On revoking it I shall accordingly (i) give written notice to my Attorney, (ii) give written intimation to the registering officer named in this power and, if this power has been registered, to the office where it was registered, and (iii) where this power has been produced to any other party or the transaction has been made public, give written notice to that party and publish notice of the revocation in a newspaper circulating in the locality in which the said Property is situated.

1. HOW LONG THIS POWER LASTS

This power is confined to the single transaction described in the Schedule. It stands exhausted as soon as the said Document has been registered, or registration has been finally refused, or I have presented the document personally.

1. RATIFICATION

I ratify and confirm all lawful acts done by my Attorney within the powers given by clause 1. This ratification does not extend to anything listed in clause 2, nor to anything done after this power is exhausted, revoked or expired.

1. MY DECLARATIONS

(a) I am a major, of sound mind, and competent to contract. I execute this power voluntarily, having read and understood it.

(b) The said Document and the said Property are correctly described in the Schedule.

(c) Any earlier power of attorney given by me to any person for the presentation or registration of the said Document stands revoked by this power.

(d) The photograph affixed beside my signature below is my recent photograph, and the specimen signature of my Attorney appearing below is, to the best of my knowledge and belief, his true signature.

1. GOVERNING LAW

This power is governed by the laws of India, and so far as concerns stamp duty and registration by the law in force in __________. The courts within whose jurisdiction the said Property is situated shall have jurisdiction over any dispute arising out of this power.

THE SCHEDULE

Part I — The Document
Nature of the document: __________
My capacity in it: __________
Other party or parties to it: __________
Registering office where it is to be presented: Office of the Sub-Registrar, __________

Part II — The Property

__________

IN WITNESS WHEREOF I have signed this Special Power of Attorney at __________ on __________.

+-------------------------+

+-------------------------+

Signature of the Principal: ______________________________

__________

Left / right thumb impression of the Principal: ____________

ACCEPTANCE BY THE ATTORNEY

I, __________, accept the appointment made by this power. I shall exercise it only for the purposes set out in clause 1, shall do nothing listed in clause 2, and shall not act under it once it is exhausted, revoked or expired.

+-------------------------+

+-------------------------+

Signature of the Attorney: ______________________________

Specimen signatures of the Attorney:
(1) ____________________ (2) ____________________ (3) ____________________

Confirmed by the Principal, to the best of his knowledge and belief, as the true signatures of the Attorney: ____________________

WITNESSES

1. Signature: ______________________________

Name: __________
Address: __________

1. Signature: ______________________________

Name: __________
Address: __________

AUTHENTICATION / ATTESTATION BY THE PRESCRIBED AUTHORITY

To be completed, sealed and signed by the Registrar or Sub-Registrar under section 33(1)(a), or by the Magistrate under section 33(1)(b), or by the Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul or representative of the Central Government under section 33(1)(c), of the Registration Act, 1908, as the case may be.

Executed before me by the Principal, who is known to me / whose identity has been proved to my satisfaction, this ______ day of ____________, 20____.

Name and designation: ______________________________

Office / jurisdiction: ______________________________

Signature and seal: ______________________________

NOTES FOR EXECUTION — not part of the operative power

1. Section 32(c) of the Registration Act, 1908 recognises an agent only under a power executed and authenticated in the manner section 33 prescribes. A power that has merely been notarised, where the Principal resides in India, is commonly refused at the counter.

1. Stamp this power before or at the time of execution, under the power-of-attorney Article of the stamp schedule of __________. If it is executed outside India, it must be stamped in India within three months after it is first received in India (section 18, Indian Stamp Act, 1899).

1. The registering office has its own presentation formalities — identity and e-KYC capture, photographs and fingerprints under section 32A, data entry, and in several states online appointment booking. This power supports those formalities; it does not replace them.

1. Carry to the registering office: the original of this power bearing the authentication endorsement, the original said Document, proof of identity of the Principal and of the Attorney, and photographs. Present the said Document within four months of its execution (section 23 of that Act).