Power of Attorney is a document which grants the general/specific powers to the person in whose favor the document is executed. It can be related to a specific property or specific acts or both. A Power of Attorney having specifically few powers is called Special Power of Attorney (SPA) and that having generally all the powers is called the General Power of Attorney (GPA). In Both cases, attorney Holder is entitled to act on behalf of the Principal owner.

The steps involved in the Registration of a POA executed in Delhi are as follows:

  1. The POA is drafted/prepared by a legal expert.
  2. Stamp Paper is purchased for the execution.
  3. The Government registration fee has to be paid.
  4. Date is fixed for the registration in the Sub Registrar office.
  5. Both the parties and 2 witnesses visit the sub registrar office on the fixed day along with the POA for its registration.
  6. Registered POA is collected after a week.

Types of Power of Attorney

A Special Power of Attorney is used for the giving a specific right to the attorney or for a specific act such as sale of property, taking possession of an apartment/flat, presentation of documents for registration and appearance before the Sub Registrar for registration of a Sale deed, Lease Deed or other document. It may also be required in the case of execution of documents by the manager/authorized signatory on behalf of a company. A General Power of Attorney or GPA authorizes the holder to do all the acts that may be necessary for the accomplishment of and related to the subject matter of the document such as powers related to the management of a property, paying taxes, receiving rents, presentation of documents for registration in the office of Sub Registrar, filing suits and cases, appearing before District courts and High Court etc.

POA for property can be given for several purposes such as giving property on rent, managing Bank Account, taking possession of apartment from the Builder, appearing in the Court, registering and executing deeds like Sale Deed, Relinquishment Deed, Gift Deed, Lease Agreement, Partition Deed, Mortgages, Settlements, Agreements etc.

POA may be given when the principal is old, weak, sick or unable to travel. A registered Power of Attorney can be cancelled / revoked only by a registered deed of cancellation.

The Revenue Department, Government of Delhi has once again allowed the registration of General Power of Attorneys for the transfer/sale of Leasehold properties of DDA, L&DO, MCD etc. in Delhi. This has provided some relief to the general public as they can now transfer their immoveable property through a registered GPA, Agreement to sell and Will etc. The registration of power of attorneys had been earlier stopped in Delhi in view of the Supreme Court judgment.

Registration of Power of Attorney in Delhi

Following are some of the Important Points to note in relation to Registration of General Power of Attorney/Special Power of Attorney in Delhi.

  1. A General/Special Power of Attorney in favour of those in blood relation such as father, mother, son, daughter, husband, wife, brother, sister for the management of property can be registered by paying nominal stamp duty and registration fee.
  2. The principal and two witnesses’ alongwith their Aadhar Card needs to be present during the presentation of documents before the Sub-Registrar.
  3. A special power of attorney or SPA in respect of a property situated in another State / outside Delhi can be registered in the Delhi’s Sub Registrar Office only under some special circumstances.

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