Legal & Documents
General vs Special Power of Attorney
One of these does the job you need. The other does that job, and a great many others you did not intend.
The short answer
A GPA grants broad authority. An SPA grants authority for one named act.
For property, use the SPA. It does the job and nothing else.
And neither of them transfers ownership. A "GPA sale" is not a sale — the Supreme Court settled that in 2011.
The comparison
| General Power of Attorney (GPA) | Special Power of Attorney (SPA) | |
|---|---|---|
| Scope | Broad. Many acts, often open-ended. | Narrow. One specific act, or a defined set. |
| Typical use | Managing all of someone's property affairs while they're abroad | Signing one sale deed. Registering one document. Appearing once. |
| Risk to the giver | High. You have handed over wide authority. | Low. The agent can only do the one named thing. |
| Registration | Must be registered if it relates to immovable property and permits sale | Registration required for property transactions; otherwise notarised may suffice |
| Can it transfer ownership? | NO. See below — this is the important one. | NO. A POA is authority to act, not a transfer. |
| Revocable? | Yes, unless coupled with an interest. Revoke in writing, and register the revocation. | Yes. And it lapses once the specific act is done. |
| For an NRI | Risky. Use only with someone you trust absolutely. | Preferred. Name the act, name the property, put an expiry date on it. |
For an NRI who needs someone in India to complete one transaction: use an SPA, name the exact property, name the exact act, and give it an expiry date. A GPA is a much larger thing to hand to anybody.
Neither of them transfers ownership
The Supreme Court held that transferring property through a GPA + agreement to sell + will + receipt — a practice widespread in Delhi and the NCR because it avoided stamp duty — does not convey title.
A power of attorney grants authority to act. It has never granted ownership. An agreement to sell creates no interest in property. A will operates only on death.
Buyers who took that route to save a few lakh in stamp duty found they owned nothing at all.
If you are ever offered a property "on GPA", the answer is no. The saving is small. The loss is total.
For NRIs — use the SPA
You live abroad. You are buying a flat in India. Registration requires physical presence. You need someone to sign for you.
Use a Special Power of Attorney.
- Draft it through an Indian lawyer. Name the property. Name the act. Set an expiry date.
- Execute it at the Indian Consulate in your country — or before a local notary, then apostilled.
- Courier it to India.
- Adjudicate and stamp it — generally within three months of arrival.
- Register it at the sub-registrar where the property is.
- Revoke it when done — in writing, registered.
A well-drafted SPA grants a narrow authority and expressly excludes everything else — no sale, no mortgage, no lease, beyond the one act named.
That exclusion costs one sentence and closes the door on a great deal of trouble.
Revoking it — the step everyone skips
A power of attorney does not expire because the job is done. It expires when you revoke it, or when a stated expiry date passes.
Almost nobody revokes. Un-revoked GPAs sit in drawers for decades — fully valid, fully exercisable, by someone whose circumstances may have changed a great deal since you signed.
1. Give the narrowest authority that does the job. An SPA, never a GPA, unless you would trust that person with your bank account.
2. Put an expiry date in the document.
3. Revoke it in writing, and register the revocation, the day the job is done.
All three cost almost nothing. Together they prevent the great majority of power-of-attorney disputes in India.
Frequently asked questions
What is the difference between a GPA and an SPA?
A General Power of Attorney grants broad, often open-ended authority across many matters. A Special Power of Attorney grants authority for one specific act — such as executing a particular sale deed. For property, the SPA is almost always the right answer: it does the job and nothing else.
Can a GPA be used to sell property?
A GPA can authorise someone to EXECUTE a sale deed on your behalf. But a 'GPA sale' — where the GPA itself is treated as the transfer — does not convey title. The Supreme Court settled that in Suraj Lamp & Industries v State of Haryana (2011).
Which power of attorney should an NRI use?
A Special Power of Attorney. Name the exact property, the exact act and an expiry date. Execute it at the Indian Consulate, courier it to India, have it stamped within three months of arrival, register it at the sub-registrar, and revoke it once the job is done.
Does a power of attorney need to be registered?
For transactions involving immovable property, yes. Register it at the sub-registrar where the property is located. It must also be properly stamped.
How do I cancel a power of attorney?
Revoke it in writing and register the revocation at the sub-registrar. Notify the attorney and anyone likely to rely on it. Putting an expiry date in the document at the outset makes this much simpler — and almost nobody does either.