Table Of Content
- Who is the Principal in Special Power of Attorney?
- What should I include in Special Power of Attorney?
- How to Create a Special Power of Attorney?
- How to make Special Power of Attorney Valid?
- What is the Cost of SPA?
- How to Cancel the Special Power of Attorney India?
- Difference between Special Power of Attorney & General Power of Attorney
- Difference between Lawyer & Attorney
- Frequently Asked Questions
Here is one of the most used documents in India Special Power of Attorney (SPA). People living abroad mainly take the help of the Special POA India since it gives the authority on behalf of the person who requires to give his/her one of the many powers to another person for a specific duration of time.
Who is the Principal in Special Power of Attorney?
The person who is living abroad and wanting someone else to take care of his/her errands for a specific thing that sole person is called Principal in SPA india same goes for with the one who is taking this responsibility in his/her hands is called Agent.
What should I include in Special Power of Attorney?
In Special Power of Attorney meaning, a principal can include everything which he/she thinks needs to be taken care off but the case in Special Power of Attorney is that only a specific power is authorized to the agent.
The main things that should be considered in a SPA are:
- The POA details of the Principal & Agent.
- The details of property/errand that is being given to the agent, temporarily.
- Reason for making Special Power of Attorney india.
- Commencement Date of the SPA.
- Responsibilities that would be carried out by the Agent.
- Principal and Agents signatures.
- Signatures of the Witnesses along with advocates’ signatures.
Only the important business is given in the hands of the Agent. It can be financial matters, business transactions, and foremost property, etc.
How to Create a Special Power of Attorney?
The basic steps are as follows:
- Step 1: Create your POA draft. The matter needs to be printed on the Document in writing.
- Step 2: Print it out on a e-stamp paper. Select the Stamp Paper in accordance with your needs; it comes in denominations of 100 or 500.
- Step 3: Register it, as doing so may be required by law in some States for Power of Attorneys. You can search online through reliable sites that are simple to find or go to any nearby sub-registrar office for offline mode.
How to make Special Power of Attorney Valid?
The validity of any document can be measured by its registration. If the document is registered then validity enlarges. After the registration of SPA the validity shoots up it means no incurrence can come and no party can deny it easily. It is compulsory to get your SPA registered.
Now how to make SPA valid? Follow the below procedure:
- First visit to the sub-registrar office for the registration of SPA.
- The Special Power of Attorney should be printed on Stamp paper.
- The principal and agent’s signatures should be there at the bottom of the paper.
- The last page of the document should be signed by the witnesses and also attested.
- If the Special POA does not involve any immovable property then the notary public can sign it too.
What is the Cost of SPA?
For instance, approx 1000/- is charged in Delhi. While it differs from state to state. Every State has its own brochure of costing on certain legal documents.
How to Cancel the Special Power of Attorney India?
The procedure for the cancellation of Special POA is as follows:
- You must first prepare a deed or notice of POA revocation if you are the principal. The deed must specify the reason, the occasion, and the outcomes of the POA’s revocation.
- The document or notice of POA revocation will then be published in a regional or national publication.
- The same organization that established the POA must also record the cancellation deed.
- To notify the agent of the revocation, a copy of the legal document or notice must be sent.
- You can also send copies of the revoked revocation deed to whomever the POA agent has been dealing with on your behalf so that they stop doing business with you.
If any of the members (the principal & the agent) is dead or for any other reason automatically the termination of Power of Attorney is done. The SPA is expired on the very date when it is mentioned in the document.
Difference between Special Power of Attorney & General Power of Attorney
The difference between general and special power of attorney are:
|Basis of Distinction||Special Power of Attorney||General Power of Attorney|
|Meaning||A special power of attorney (SPoA) gives the agent the authority to act on the principal’s behalf on a specific errand.||Here, the person is given permission to hold various powers, including financial and property-related powers on behalf of the grant.|
|Specific||SPA is specifically based on property matters only.||On the other hand, GPA is concerned with all types of official matters of the grant.|
Difference between Lawyer & Attorney
|Basis of Distinction||Lawyer||Attorney|
|Law practice||For a lawyer, it is not compulsory to do law practice in court. They can opt for a legal advisor or counselors.||Unlike lawyers, an Attorney needs to practice law in the courtroom.|
|Specializations||They can practice law in many specialized fields such as clients’ legal counsel in the areas of tax law, inheritance law, or immigration law.||They are required to represent clients in criminal and civil court.|
Frequently Asked Questions (FAQs)
A SPA can only be issued by a government-authorized and highly certified notary advocate who has proper knowledge about SPA.
Yes, A special power of attorney can expire or revoke at any time by the person who granted it.
Any person who is of legal age and has the capacity to act can be appointed as an agent under a SPA.