Questions Legal

What is the special power of attorney to sell property in India?


Sidharth Kumar


Selling and purchasing a property comprises of many complex procedures including finding an apt buyer, preparing sale agreement, updating all property-related documents, implementing a sale deed, and finally registering the sale under government monitoring. Each of these steps is further complicated than what we anticipate from it, especially if the owner of the property is remotely controlling all of this. 

This generally occurs with the NRI's while they attempt to sell their properties remotely from another country or, likewise, to make the entire sale difficult. Under such situations, you may utilize the provisions of the governmental option of Power of Attorney. Sometimes a Principal(the owner of the property) may authorize Legal Representative(One to whom the Principal did the property supervising handover)to govern and manage the entire transaction and events occurring regarding the property. A power of attorney is a legal document ensuring the transfer of governance of property to another person. 

There are two attorneys given as per Indian law; they are General Power of Attorney and Special Power of Attorney. 

The Special Power of Attorney is a document declaring all the duties and authorization adhered to a person by the owner of a property to sell a property in the absence of the Principal. The precise supervision power that the Legal representative can undertake is mentioned in the document. This may include selling of property, registering the transfer, agreement consolidation, tax decorums, etc. If anything you not intended to authorize is mentioned in the Special Power of Attorney, the legal representative can misuse the power. Since the faulty allowance was mentioned in the legal document, you cant take sudden action against the person either.

So if the owner is absent for the property sale, he/she may authorize someone else to supervise and govern all transactions and legal conformities. Make sure that the person opted to issue the Special Power of Attorney is trustworthy to avoid any unwanted worries in the future. Give proper attention to scrutinize what he/she can do and not do while preparing the agreement to ensure you are safe.

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