Also called: POA, PoA, GPA, SPA, General power of attorney, Special power of attorney
A document authorising someone to act for you. A general power of attorney (GPA) covers many acts; a special power of attorney (SPA) covers a specific one, such as signing one sale deed.
How it works and what to check
Owners abroad or unable to attend often use a power of attorney to sell, buy, register or manage a property. For a sale, it should specifically authorise that transaction, and many states require it to be registered or authenticated before it is used at the sub-registrar's office.
A power of attorney is not a transfer. The Supreme Court has held that a 'sale' by GPA, agreement to sell and will does not convey title; a registered sale deed is needed. Buying from a GPA holder is safe only when the holder signs a registered sale deed on the owner's behalf while the power is still valid.
Common questions
Can property be sold on a power of attorney?
An attorney can sign and register a sale deed on the owner's behalf if the power allows it. A power of attorney by itself does not transfer ownership.
Does a power of attorney end when the owner dies?
Generally yes, a power of attorney ends on the death of the person who gave it.