What is a Special Power of Attorney (SPA)?

A Special Power of Attorney is a legal document through which a person (called the Principal) authorizes another person (called the Attorney or Agent) to act on their behalf for a specific task or limited purpose.

Unlike a General Power of Attorney, which grants broad powers, the Special Power of Attorney is limited to a specific act – like selling a property, signing a document, or representing in court.

Key Features:

• Specific Authority Only – For a clearly defined action (e.g., sell one property, appear in one court case)

• Time-Bound – Usually valid only until the task is completed

• Legally Enforceable – Can be notarized or registered, depending on the jurisdiction and nature of the act

• Principal Must Be of Sound Mind – Only a competent adult can grant a SPA

Common Uses of SPA:

1. Selling or registering property in another city or country

2. Representing in a court case when the principal cannot attend

3. Collecting rent or payments on behalf of someone

4. Bank transactions or document signing

5. Handling business affairs in the principal’s absence

What Should a Special Power of Attorney Include?

1. Full names and addresses of the Principal and Agent

2. Clearly defined purpose and authority granted

3. Start and end date, or condition for termination

4. Signature of the Principal and 2 witnesses

5. Notarization or Registration, if needed (especially in property matters)

Is Registration Compulsory?

• Yes, if the SPA is related to immovable property (like sale or lease) in India – it must be registered under the Indian Registration Act.

•  Not required for personal matters like appearing in court or collecting payments – but notarization is still advised.

Sample Use Case:

Mr. Sharma lives in the US and owns a flat in Delhi. He gives Special Power of Attorney to his brother to sell that flat and sign all related sale documents on his behalf.