Authorise someone for a specific transaction or limited purpose — selling a vehicle, collecting a payment, signing a contract.
Notary Public or Sub-Registrar. Specific to the matter and authority authorized.
Terminates on completion of specified act or on stated date. Acts are binding if done within authority.
This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.
A Special Power of Attorney (SPA) is a legal instrument that authorises an agent to perform only a specific, defined act or transaction on behalf of the principal — typically a single property sale, a specific court proceeding, a specific bank transaction, or a particular business deal. Unlike a General POA, an SPA is limited in scope and automatically terminates once the specified act is completed.
Use an SPA when you want to delegate a single specific task — executing a sale deed for a particular property, representing you in a specific court case, collecting rent from a specific tenant, or completing a single financial transaction. The limited scope of an SPA protects the principal from potential misuse by the agent beyond the authorised act.
Governed by the Powers of Attorney Act, 1882 and the Indian Contract Act, 1872. For SPAs related to immovable property, registration under the Registration Act, 1908 is required. The Supreme Court in Suraj Lamp and Industries v. State of Haryana (2011) clarified that property sales through SPAs do not transfer title — only a registered Sale Deed can do so. SPAs are valid tools for the attorney to execute the registered deed on the principal's behalf.
Without a registered SPA (for property transactions), the agent's authority to execute documents on the principal's behalf is legally questionable and sub-registrars may refuse to register documents executed under an unregistered SPA.
Always, when the task is well-defined. An SPA limits the agent's authority to the specific task, reducing risk of misuse. Courts and banks are also more comfortable accepting SPAs for specific transactions as the scope of authority is clear and unambiguous.
An SPA can cover multiple specific transactions if they are clearly enumerated. However, if the transactions are too diverse, a General POA might be more appropriate. The key is that the scope must be clear and specific.
An SPA remains valid until the specified act is completed, the principal revokes it, or the principal dies, whichever is earlier. If the SPA specifies a time limit, it expires on that date even if the act is not completed.
Yes. Many banks accept SPAs for specific banking transactions — collecting a demand draft, operating a specific account for a defined period, or completing a specific financial transaction. Banks have their own forms/requirements for POA-based operations.
Yes. There is no prohibition on appointing a family member as agent. In fact, SPAs to family members (for property management, banking) are very common. However, the SPA must still meet all legal requirements.
Acts performed by an agent beyond the scope of the SPA are not binding on the principal (unless the principal ratifies them — Section 196 ICA). Third parties who dealt with the agent assuming ostensible authority may have claims against the agent personally.
For use in a foreign country, an Indian SPA must be apostilled/legalised. For use in India, an SPA executed abroad must be executed before the Indian Consulate/Notary + apostilled, and then adjudicated (stamp duty) in India after arrival.
Execute a Revocation of SPA deed, have it notarised, and send written notice of revocation to the agent. For registered SPAs, register the revocation. Notify relevant third parties (sub-registrar, bank) of the revocation immediately to prevent further use.
Please confirm all of the following before proceeding with your Special POA document:
Please confirm all eligibility conditions above to proceed. If you are unsure about any point, you may not be eligible for this type of notice.