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Kaagazaat

Special Power of Attorney to Buy a Property

At a glance

Price
Free, always.
Stamp duty
A power of attorney is chargeable with stamp duty.
Registration
The power is not made valid by registration, but the Sub-Registrar will usually let an Attorney present a sale deed for registration only on a power executed and authenticated as ss.32 and 33 of the Registration Act, 1908 require.
Witnesses
Two adult witnesses are asked for below, as ordinary good practice.

Free

Free, always.

Free: up to 5 documents a day.

Guided questions, full draft on screen, download in Word.

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Also called

  • SPA to purchase property
  • Special POA for buying a plot
  • flat or house
  • Purchase Power of Attorney
  • Mukhtiarnama for buying property
  • Khareed mukhtiarnama
  • Buyer’s attorney
  • Authority to buy a plot

When you need it

You cannot be present to buy a plot, flat, house or shop in Punjab or Chandigarh and want a trusted person to negotiate, sign as buyer, pay and complete the purchase for you. It covers one named property, with a ceiling on the price, and the property is bought in your name only.

Read more

It is a revocable power. It ends on your death or if you become of unsound mind, whatever date it states. Not for selling, mortgaging or leasing a property: see the General Power of Attorney or the NRI Special Power of Attorney for Sale. Not for a home loan: see Power of Attorney for a Home Loan and Mortgage. Not for only presenting a finished deed at the Sub-Registrar: see Power of Attorney to Present a Document for Registration. Not for several different dealings: see the Special Power of Attorney.

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

A power of attorney is chargeable with stamp duty. In Punjab and Chandigarh the amount depends on what the power covers, and this document prints no figure. Confirm the current amount at the Sub-Registrar’s counter or an authorised e-stamp vendor before you buy stamp paper.

Registration

The power is not made valid by registration, but the Sub-Registrar will usually let an Attorney present a sale deed for registration only on a power executed and authenticated as ss.32 and 33 of the Registration Act, 1908 require. In practice that means notarised, and registered if the Sub-Registrar asks. Ask the Sub-Registrar’s office what it will accept before you sign.

Notarisation

Sign before a Notary Public in Punjab or Chandigarh. Offices and banks usually expect this. If you sign outside India, the document normally needs consular attestation or an apostille before it is accepted here; check what the receiving office wants.

Witnesses

Two adult witnesses are asked for below, as ordinary good practice. They should know both the Principal and the Attorney.

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Sample preview — placeholder answers, not your data

SPECIAL POWER OF ATTORNEY TO BUY A PROPERTY

I, Amarjit Kaur Sandhu, son/daughter/wife of Late Sh. Gurdial Singh Sandhu, residing at House No. 811, Sector 8, Chandigarh 160009 (the "Principal"), do hereby appoint, constitute and nominate:

Jaspreet Singh Sandhu, son/daughter/wife of Sh. Harbans Singh Sandhu, of House No. 22, Phase 3B1, Mohali 160059, who is my son (the "Attorney"),

to be my true and lawful attorney, in my name and on my behalf, to buy the property described below, upon the terms of this Power.

  1. 1. THE PROPERTY

1.1 This Power is for buying the following property only: Plot No. 245, Sector 70, Mohali, measuring 200 square yards (the "Property").

1.2 The Property is to be bought from Sh. Balwinder Singh.

1.3 The Attorney has no authority under this Power over any other property.

  1. 2. WHAT THE ATTORNEY MAY DO

2.1 The Attorney negotiate the price and terms, sign the agreement to sell as buyer, and pay the earnest money and part payments under it, but not sign or take delivery of the sale deed.

2.2 The Attorney shall not pay, or agree to pay, a total price of more than ₹85,00,000 (Rupees Eighty Five Lakh only) for the Property, not counting stamp duty and registration charges, without the Principal's fresh written approval.

2.3 Every payment shall be made by account-payee cheque, bank transfer or demand draft, and a written receipt shall be taken for each payment. No payment shall be made in cash.

2.4 The Property shall be bought in the Principal's name only. The Attorney shall not take title in the Attorney's own name or in any other person's name.

2.5 The Attorney shall obtain copies of the seller's title documents and give them to the Principal, and on completion shall hand over to the Principal at once the original sale deed, receipts and every other paper received.

  1. 3. WHAT THE ATTORNEY MAY NOT DO

3.1 This Power does not authorise the Attorney to sell, mortgage, lease, gift or otherwise deal with the Property or any other property of the Principal, or to borrow money in the Principal's name. A home loan needs its own power or the Principal's own signature.

  1. 4. REGISTRATION

4.1 To the extent the Registration Act, 1908 and the Sub-Registrar allow it on the strength of this Power, the Attorney may present documents for registration and admit their execution on the Principal's behalf.

  1. 5. REVOCABLE, AND ENDS ON DEATH

5.1 This is an ordinary power of attorney. The Principal may revoke it at any time by written notice to the Attorney, under s.203 of the Indian Contract Act, 1872. It ends on the Principal's death or if the Principal becomes of unsound mind, under s.201 of that Act, whatever clause 6 says about its stated duration. It is not a power coupled with an interest.

  1. 6. DURATION

6.1 This Power remains valid until the Principal revokes it in writing

Questions about this document

Does the Special Power of Attorney to Buy a Property need stamp paper or stamp duty in Punjab and Chandigarh?

A power of attorney is chargeable with stamp duty.

See the full position on stamp duty, registration and witnesses
Does the Special Power of Attorney to Buy a Property need registration in Punjab and Chandigarh?

The power is not made valid by registration, but the Sub-Registrar will usually let an Attorney present a sale deed for registration only on a power executed and authenticated as ss.32 and 33 of the Registration Act, 1908 require.

See the full position on stamp duty, registration and witnesses
What does the Special Power of Attorney to Buy a Property cost on Kaagazaat?

Free, always.

Does the Special Power of Attorney to Buy a Property need witnesses?

Two adult witnesses are asked for below, as ordinary good practice.

See the full position on stamp duty, registration and witnesses

Often needed with this document

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