General Power of Attorney (GPA) / Special Power of Attorney (SPA)

What is a General Power of Attorney (GPA) / Special Power of Attorney (SPA)?

A Power of Attorney is a legal document by which one person (the principal) authorises another (the attorney or agent) to act on their behalf. It is governed by the Power of Attorney Act, 1882. A Special Power of Attorney grants authority for one specific act, such as selling a particular house or signing a single document, and ceases once that act is done. A General Power of Attorney grants broad authority to handle a range of matters, such as managing property, operating bank accounts, collecting rents or conducting litigation. The choice between the two depends on how much authority you wish to delegate.

Key Clauses / What's Included

• Parties and Identity: Full names, addresses and identification (Aadhaar, PAN) of the principal and the attorney, so no confusion arises over who is authorised to act.
• Scope of Powers: A precise list of the acts the attorney may perform, whether to sell property, collect rent, sign documents, operate accounts or represent the principal in court.
• GPA vs SPA Scope: For a Special PoA, a narrow description of the single transaction; for a General PoA, the full range of powers and any exclusion of specific acts.
• Duration and Revocation: Whether the authority is for a fixed period or until revoked, and a clear statement that it may be revoked by the principal at any time.
• Obligations of the Attorney: Duties to act in the principal's interest, keep accounts, and not delegate authority unless expressly permitted.
• Indemnity and Legal Effect: Protection for persons or institutions who rely on the PoA by acting on it in good faith, plus safeguards against misuse.

Who Needs This / When to Use

A power of attorney is useful whenever you cannot act in person. Seniors or NRIs who want a child or relative to manage property, rent or bank accounts at home; a person who wants a professional to sell a property or complete a specific transaction; or a business owner who delegates signing authority to an employee or partner all need a PoA. A Special PoA is right for a single, defined act, while a General PoA suits continuous management of affairs. It is essential to draft the scope carefully so the attorney has enough power to act but cannot misuse it.

How We Draft It

We draft both General and Special Powers of Attorney from a template aligned with the Power of Attorney Act, 1882. You tell us who the principal and attorney are, exactly which acts should be authorised and for how long, and whether registration is needed for your purpose. We then produce a clearly worded document, explain the registration and stamping requirements, and flag the important guidance that a General Power of Attorney should not normally be used to complete property sales without a registered sale deed. Each draft is reviewed by a lawyer before delivery.

Where a property transaction is involved, we work with the other side's documents where needed so the PoA aligns with the sale deed and does not authorise more than the transaction requires. Where banking or litigation is involved, we tailor the powers to those specific institutions and procedures.

FAQ

Does a Power of Attorney need to be registered?

Registration is optional under Section 32A of the Registration Act, 1908, but a registered PoA (particularly one that deals with immovable property) carries greater evidentiary weight and is more readily accepted by sub-registrars, banks and courts. We advise on whether registration is advisable for your specific use.

Can a power of attorney holder sell my property?

A Special Power of Attorney granted specifically to execute a sale may allow the attorney to complete a sale, but the final conveyance must be effected by a properly executed and registered sale deed. Under the guidance of the Supreme Court in Suraj Lamps and Industries v. State of Haryana (2011), transactions made merely by a power of attorney without a registered sale deed are discouraged. We draft the PoA accordingly.

Can I revoke a power of attorney?

Yes. A principal can revoke a power of attorney at any time, subject to the terms of the document and any rights that have already accrued in favour of third parties who acted in good faith. Revocation is typically done through a formal Revocation of Power of Attorney deed. See our separate page on revocation for details.