Special Power of Attorney (SPOA)

A special power of attorney is a legal document that authorizes one person, called an agent or an attorney in fact, to act on behalf of another person, known as the principal, under specific, clearly laid-out circumstances.

Context: NRI (both husband and wife) lives in Sydney, Australia. They own a 2BHK flat in Bangalore, want to sell this flat to reinvest in new property

NRI not able to come to India for registration of sale deed in sub-registrar office, so they decided to give a power of attorney (POA) to a friend in India. When we give POA to friend who is a non-blood relative, the stamp duty is 5% of property value or guidance value, whichever is higher.

To reduce the stamp duty, we suggested to give SPOA. The stamp duty for SPOA is just Rs. 200 irrespective relationship and property value

NRI followed below steps to give SPOA to a friend in India

Step 1: Found the buyer to purchase the flat

Step 2: Drafted the SPOA and sale deed with the help of advocate

Step 3: Printed the SPOA and sale deed draft on document paper

Step 4: NRI signed the SPOA at all pages and two witnesses singed at last page of SPOA

Step 5: NRI (Seller) signed sale deed

Step 6: NRI met the notary public near their place in Sydney and got the SPOA attested by notary public

Step 7: NRI couriered the SPOA and Sale deed to friend in India.

Step 8: The friend in India, carried the following documents to District Registrar office (DRO) for SPOA adjudication

• SPOA and Sale deed which came from Australia
• Photocopy of NRI’s OCI and PAN
• Photocopy of friend’s aadhaar
• Stamp duty payment (Khajane -2 challan)

In my case, the property located in Kaggadasapura village, Bangalore. The Kaggadasapura village comes under Shivajinagar District Registrar office (DRO) so we adjudicated the SPOA in Shivajinagar DRO.

Below is the image of SPOA which we attested in Sydney and adjudicated in Bangalore:

Below is the image of sale deed which NRI signed and sent along with SPOA from Sydney

We used above SPOA and sale deed to sell the property in Bangalore, India.

Note:

• In above answer, friend is referred to an agent or an attorney of the SPOA.
• Unlike POA and GPA, we should find buyer for the property before we execute SPOA because we should present the signed sale deed along with SPOA for adjudication in DRO.
• SPOA attestation by notary public is accepted for deed registration,  attestation from Indian embassy is not mandatory.
• If we refer to above sale deed, that kind of document paper was not available in Sydney, we couriered the document paper to Sydney for buyer to take print and sign. However its not mandatory to use above mentioned document paper, they could have used any A4 size around 150GSM paper
• If you refer to above SPOA, there are two Principal (Husband & wife), the stamp duty payable is Rs. 200 per principal so we paid the total of Rs. 400 as Stamp duty, refer to below payment challan

We provide assistance to execute SPOA. To opt for our service, please write to us pgnproperties@gmail.com or WhatsApp to + 9 1 – 97424-79020

Thank you for reading…