If you are dealing with special power of attorney drafting for a residential property, this guide sets out the legal position, the documents you will need, the usual steps and the mistakes that cost people time. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.
In short. A special power of attorney authorises a named person to do specific acts for you, such as signing and registering a deed, applying for mutation or appearing in a case, for one property or task. It should name the property, list each power precisely, set limits and a validity period, be stamped under state law, and be registered or consularised where the use requires it.
A special power of attorney, usually called an SPA, is the document you sign when you cannot be present yourself and want someone else to act for you in one defined matter. In property work it is everywhere: an NRI selling a flat in Noida, an elderly parent authorising a son to get mutation done in Delhi, a company authorising an officer to register a lease, a bank authorising a manager to appear before the Sub-Registrar, co-heirs authorising one of them to deal with the tehsil. Drafted well, it lets the work get done without anyone travelling. Drafted badly, it is rejected at the counter or, worse, misused.
This page explains how special power of attorney drafting works: the law behind it, how it differs from a general power of attorney, which powers to include and which to leave out, stamp duty and registration in Delhi, Uttar Pradesh and Haryana, how to execute one from abroad, how to revoke it, and how the drafting changes for a flat, land, a commercial building or inherited property, and for a bank, a company, a senior citizen or an investor.
- Law
- Powers of Attorney Act 1882, Indian Contract Act 1872 (s.182 to 238 on agency, especially s.201 termination and s.202 agency coupled with interest), Registration Act 1908 (s.17, 18, 32, 33), Indian Stamp Act 1899 Schedule I Article 48 and state amendments
- Forum
- No court; the SPA is signed before a notary or the Sub-Registrar in India, or before an Indian consulate or a notary with apostille abroad, and is used before the Sub-Registrar, authority, bank or court
- Time limit
- None for making one; an SPA executed abroad must be stamped in India within three months of first receipt (s.18 Indian Stamp Act); it lasts until the task ends, the period expires, it is revoked or the principal dies
- Documents
- Identity and address proof of principal and attorney, photographs, property documents, the exact list of acts, board resolution for a company, passport and visa pages for an NRI
- Who uses it
- NRIs, senior citizens, busy owners, co-heirs, companies, banks and NBFCs, investors and anyone who cannot attend the Sub-Registrar, authority or court in person
What a special power of attorney is
A special power of attorney is a written authority given by one person (the principal or donor) to another (the attorney or agent) to do particular acts on the principal's behalf. The word special means the authority is limited to named acts or a single transaction, as opposed to a general power of attorney, which covers a range of acts or the management of property in general. Anything the attorney does within the authority binds the principal as if the principal had done it personally, under section 2 of the Powers of Attorney Act 1882 and the agency rules in the Indian Contract Act.
Typical property uses are signing and presenting a sale deed, lease deed or gift deed for registration, applying for mutation, collecting a registered document, paying stamp duty and dues, getting a no objection certificate from a society or authority, applying for freehold conversion, appearing before the Tehsildar in a demarcation, or filing and pursuing a property case. The narrower the task, the easier it is for the Sub-Registrar, authority or bank to accept the document without questions.
An SPA is not a transfer of property. It gives authority to act, not ownership. That distinction matters because a large part of the property trouble in Delhi NCR comes from people treating powers of attorney as if they were sale deeds.
Special versus general power of attorney, and what neither can do
Choose an SPA when the task is defined and a general power of attorney only when someone genuinely needs to manage your affairs over time. A general power of attorney gives wide authority, often over several properties, bank accounts and litigation. That width is convenient but dangerous: the attorney can do far more than you intended, and third parties are entitled to rely on the document as written. A special power confines the risk to one property and one purpose.
Neither kind of power transfers title. The Supreme Court in Suraj Lamp v State of Haryana (2011) held that a sale through a general power of attorney, an agreement to sell and a will, without a registered sale deed, does not convey ownership. Those documents can at most be used to show a contract or authority. Anyone who has paid full price and taken only a power of attorney in return has not bought the property, and should get a registered sale deed executed while the owner is alive and cooperative.
A power of attorney also ends on the principal's death, unless it is coupled with an interest in the subject matter under section 202 of the Contract Act. A deed signed by an attorney after the principal has died is void, however genuine the power looked. This one rule is behind many cases where buyers lose property they thought they had bought.
The law that governs a special power of attorney
Powers of Attorney Act 1882
The Act defines a power of attorney to include any instrument empowering a specified person to act for and in the name of the person executing it. Section 2 allows the attorney to execute instruments in his own name and signature with the authority of the donor, and such acts are as effective as if done in the donor's name. The Act is short; most working rules come from the Contract Act.
Sections 182 to 238, Indian Contract Act 1872
An attorney is an agent. Section 188 says authority to do an act includes authority to do every lawful thing necessary to do it, which is why drafting must exclude what you do not want. Section 190 bars delegation to a sub-agent unless the power allows it. Section 201 ends the agency on revocation, renunciation, completion of the business, death or unsoundness of mind of either party, or insolvency of the principal. Section 202 makes an agency coupled with an interest irrevocable to that extent. Section 208 says revocation takes effect against third parties only when it becomes known to them.
Sections 17, 18, 32 and 33, Registration Act 1908
A power of attorney is not in the list of documents that section 17 makes compulsorily registrable across India, so registration is generally optional under section 18, though some states have made registration of powers relating to immovable property compulsory and many offices insist on it in practice. Section 32 allows an attorney to present a document for registration. Section 33 requires that power to be executed before and authenticated by the Sub-Registrar if the principal lives in that district, by a Magistrate if elsewhere in India, and by a notary, court, judge, magistrate or Indian consul if the principal lives abroad.
Indian Stamp Act 1899, Article 48, and state stamp laws
Article 48 sets duty on powers of attorney by type: one for presenting documents, one for a single transaction, others for general authority, and a higher rate where the power is given for consideration and authorises sale of immovable property. Delhi, Uttar Pradesh and Haryana have their own amended rates, and a power to sell property to someone outside the close family is charged in several states at or near the conveyance rate. Section 18 allows a document executed abroad to be stamped within three months of first being received in India.
Common special powers of attorney in property work
| Purpose | Powers to include | Points to watch |
|---|---|---|
| Sale of a property | Negotiate within stated terms, sign agreement and sale deed, receive price into principal's account, present for registration, hand over possession | State minimum price or require written approval; payment only to principal's bank account; stamp duty may be close to conveyance |
| Purchase of a property | Sign agreement and deed as buyer, pay from principal's account, accept possession, apply for mutation | Link to a specific property; limit payments to the agreed price |
| Registration only | Appear before the Sub-Registrar, admit execution, present and collect the document | Section 33 Registration Act requirements; principal must have signed the deed |
| Mutation and transfer | Apply to the municipal body, authority, society or Tehsildar, sign forms, file affidavits, collect orders | Name each office; carry the original SPA |
| Letting the property | Sign lease or rent agreement, receive rent and deposit, register the lease, give notices | Duration and rent limits; deposit into principal's account |
| Litigation | Sign pleadings, verify affidavits, engage advocates, depose on facts within personal knowledge, settle only with consent | Attorney can depose only to facts personally known; settlement power should be express or excluded |
| Loan and mortgage | Sign loan documents, deposit title deeds, execute mortgage, deal with the bank | Lenders often insist on their own format and registration |
How special power of attorney drafting works, step by step
A good SPA starts from the task and works backwards. This is the sequence we follow.
Define the task
Write down in plain words exactly what the attorney must do, where and by when. If the answer is everything, an SPA is the wrong document and the risk should be discussed first.
Check where it will be used
Ask the Sub-Registrar office, authority, society, bank or court that will act on it whether it has a required format, registration requirement or specific wording. DDA, the Noida authority and most banks have their own expectations.
Draft the powers and limits
List each act separately, describe the property fully and add limits on price, payment, period and delegation. Exclude acts you do not want, because the law implies every act necessary for the purpose.
Fix stamp duty and execution
Work out the stamp duty under the state where the property lies and the purpose of the power. Decide whether the SPA will be signed before a notary, registered at the Sub-Registrar, or executed abroad before a consulate or notary with apostille.
Execute correctly
The principal signs before the appropriate officer with identity proof and photographs; witnesses sign where required. Abroad, the document is attested or apostilled and then stamped in India within three months.
Hand over and keep a record
Give the attorney the original, keep a certified or scanned copy, and keep a note of where it has been used. Diary its expiry and plan for revocation once the task is done.
Describing the principal, the attorney and the property
The parties must be identified beyond doubt. Give full names, parentage, age, address, PAN and passport or Aadhaar details for both principal and attorney. Where the principal is a company, LLP, trust or society, give its registered name and number and the resolution authorising the power. Where several co-owners appoint one attorney, each co-owner should be named as a principal and should sign.
The property description should match the title deed and the revenue or authority record: plot or flat number, floor, block, sector or colony, khasra number and village for land, area in both units, and boundaries. A vague description, such as all my properties in Noida, turns an SPA into a general power and invites rejection at the Sub-Registrar's counter. If more than one property is involved, list each in a schedule.
State the capacity in which the principal holds the property, such as absolute owner, co-owner with a one third share, lessee under a DDA lease or allottee of a society. The attorney cannot have more rights than the principal, and the Sub-Registrar or authority will check this against the documents.
Drafting the powers: specific, limited and in order
Each power should be a separate, numbered clause describing one act. To sign, execute and present for registration a sale deed for the scheduled property in favour of a buyer at a price not less than a stated figure, and to admit execution before the Sub-Registrar, is a clear power. To do all acts regarding the property is not. Remember section 188 of the Contract Act: authority to do an act carries authority to do everything lawful that is necessary for it, so the words must be tight.
Money is the area where most misuse happens. The SPA should say that all consideration, rent, deposits or refunds will be paid only into a named bank account of the principal, never in cash and never to the attorney personally. If the attorney must pay stamp duty or dues, say from which account and up to what amount. The attorney should be required to keep accounts and hand over receipts.
Decide whether the attorney may appoint a substitute. Section 190 of the Contract Act bars delegation unless the power permits it. For most property tasks, delegation should be excluded or allowed only with the principal's written consent. If two attorneys are appointed, say whether they must act jointly or may act separately; joint action is safer, separate action is more practical.
Safeguards: validity period, reporting and revocation clauses
A special power of attorney should have an end date or end on completion of the task. A power that lasts until revoked tends to stay in a drawer for years and surface in a dispute. A validity of six months or a year, or until the sale deed is registered, covers most property tasks, and a fresh SPA can be made if the work takes longer.
Add a clause requiring the attorney to report each act done under the power, with copies of documents signed and receipts, and a clause stating that the principal may revoke the power by written notice. Where the principal is elderly, add that the power will not be used for any gift, release or sale to the attorney or the attorney's relatives. These clauses do not stop a determined fraud, but they make misuse visible early and make it easier to prove in court.
When Advocate B.K. Singh drafts an SPA for an owner living abroad, he keeps the sale power and the receipt of money in separate hands wherever the family situation allows, so that the person signing the deed never controls the price. It is a simple precaution that removes most of the temptation.
Stamp duty, notarisation and registration in Delhi, Noida and Gurugram
Stamp duty on an SPA depends on the state where the property is and on what the power allows. A power only to present documents for registration, or to act in a single transaction such as mutation or a court case, carries modest duty. A power authorising sale of immovable property attracts much higher duty in Delhi, Uttar Pradesh and Haryana, especially where it is given for consideration or in favour of someone outside the close family. Duty is paid by e-stamp paper or the state's online system. Check the current schedule before executing, because rates and categories change; our page on stamp duty advice explains the categories.
Notarisation is enough for some uses, such as a power to appear in a court case or to deal with a society. For anything involving registration of property documents, the Sub-Registrar will usually insist that the power itself be registered, or at least executed before and authenticated by the Sub-Registrar, because of section 33 of the Registration Act and state practice. Registering the SPA also creates a public record, which protects the principal when revoking it later.
Registration of an SPA at the Sub-Registrar follows the same online appointment and presence rules as other documents: the principal appears with identity proof, photographs and witnesses, and pays the duty and fee. See our page on Sub-Registrar appointment support for the office procedure.
Executing a special power of attorney from abroad
An NRI or OCI can execute an SPA abroad by signing it before an Indian embassy or consulate, or before a local notary and getting it apostilled where the country is a party to the Hague Apostille Convention, which India joined in 2005. Section 33(1)(c) of the Registration Act accepts a power authenticated by a notary, court, judge, magistrate or Indian consul for a principal not resident in India. Many consulates now handle this through an outsourced service centre with an appointment.
Once the original arrives in India, it must be stamped within three months of first receipt under section 18 of the Indian Stamp Act, usually through adjudication by the Collector of Stamps or by paying e-stamp duty as the state allows. An SPA that is not stamped within time can be impounded and stamped only with a penalty. If the power is to be registered, it is presented at the Sub-Registrar office after stamping.
Send a draft to the consulate or service centre in advance where possible, because some insist on their own cover format. Attach a copy of the passport with visa or residence pages, and make sure the property schedule is complete before signing. Correcting an SPA executed abroad means repeating the whole process, which can cost weeks.
Documents needed to draft and execute a special power of attorney
From the principal
- Identity proof such as passport, Aadhaar or voter card, and PAN
- Recent passport-size photographs
- Title deed, allotment letter or lease of the property
- Mutation, tax receipt or revenue record showing ownership
- For NRIs: passport with visa or residence pages and overseas address proof
From the attorney
- Identity proof and PAN
- Photographs
- Address proof
- Relationship proof if the stamp concession for family members is claimed
For companies, banks and other entities
- Certificate of incorporation or registration
- Board resolution or partners' resolution authorising the power and naming the signatory
- Specimen signatures of the signatory
- Bank's internal delegation or authority letter where a bank is the principal
Revoking or ending a special power of attorney
A special power of attorney ends automatically when the task is completed, the stated period runs out, the principal or attorney dies or becomes of unsound mind, or the principal becomes insolvent. It can also be revoked at any time by the principal under section 201 of the Contract Act, unless the attorney has an interest in the property that makes it irrevocable under section 202.
Revocation should be in writing, preferably by a registered deed of revocation if the original power was registered, with notice to the attorney and to every office where the power might be used, such as the Sub-Registrar, the authority, the society, the bank and any court. Under section 208, revocation does not bind third parties who deal with the attorney in good faith without knowing of it, so publicity matters. A public notice in a newspaper is often added where misuse is feared. Our page on POA cancellation covers the procedure.
Collect the original SPA back from the attorney once the job is done. An original left with the attorney can still be shown to someone who does not check whether it has been revoked or has expired.
How drafting changes by property type
For a flat or builder floor, an SPA usually covers dealing with the builder or society, signing the conveyance or transfer, registration and mutation. For a society flat, the society's bye-laws may require the member's personal appearance or a specific form of authority, so check first. For a DDA, L&DO, Noida or Greater Noida property, the authority's conversion, transfer or mutation process has its own forms and may require the power to be registered and the attorney to file affidavits.
For agricultural land and farmhouses, the SPA must use the revenue description (khasra or khatauni number, village, tehsil) and name the revenue offices involved, such as the Tehsildar and SDM. In UP the attorney may need to appear in mutation proceedings under the UP Revenue Code; in Delhi, before the revenue officers under the Delhi Land Reforms Act. NRIs cannot acquire agricultural land, so an SPA cannot be used to buy farmland on an NRI's behalf.
For a shop, office, godown, warehouse, industrial shed or resort, the SPA may need to cover leases, licences, utility connections, the pollution board or fire department and the industrial authority. Separate SPAs for separate tasks are often cleaner than one long document trying to cover a whole business property.
How drafting changes by party
A bank or NBFC uses SPAs mainly to authorise its officers to execute and register documents, appear before the Sub-Registrar for a mortgage, file recovery cases or deal with borrowers' properties. The power flows from the board's delegation, and the SPA should recite the resolution, name the officer by designation as well as name, and be limited to the branch, the borrower or the case. Banks also ask borrowers for SPAs, for example to allow the bank to deal with an authority for a mortgage permission; borrowers should read these carefully, because some are drafted widely.
A company or startup should pass a board resolution approving the power, naming the property and the signatory, and stating the limits. An investor holding several properties should resist the urge to sign one general power for all of them and instead use separate SPAs per property and task. Co-heirs of inherited property often appoint one of them to deal with mutation and the tehsil; the SPA should be signed by every co-heir and should not include a power to sell or release shares unless that has been agreed in writing.
Senior citizens are the most exposed to misuse. An SPA for an elderly principal should be narrow, time-bound and preferably registered, with money going only to the principal's account. Where the concern is long-term management because of declining health, an SPA is not enough, since it ends if the principal loses mental capacity, and a will or other arrangement may be needed alongside it.
Common mistakes in special power of attorney drafting
- Using a general power for a special job. A wide GPA to sell one flat gives the attorney power over everything it mentions and invites misuse.
- Vague property description. The Sub-Registrar or authority rejects an SPA that does not identify the property exactly as in the title papers.
- No limit on price or payment. Without a minimum price and a bank-account-only clause, the attorney can sell cheap and receive the money personally.
- Not stamping an SPA from abroad in time. Miss the three month window and the document attracts a penalty and delay.
- Using the power after the principal's death. The authority ends on death; anything signed afterwards is void, however innocent.
- Not revoking it after the task. An unused SPA with no end date is a standing risk.
A made-up example: an NRI selling a Noida flat
Here's a made-up example. A software engineer living in Toronto owns a flat in Noida and agrees to sell it to a local buyer. She cannot travel for the registration and wants her brother in Ghaziabad to handle it.
The SPA drafted for her names the flat by tower, unit number and sector, recites the authority's transfer memorandum and her allotment, and authorises her brother to sign the sale deed in favour of the named buyer at a price not less than the agreed figure, to present it for registration, to apply for transfer in the authority's records and to hand over possession. It states that the entire price and TDS certificate will be sent directly to her NRO account, that the brother cannot receive cash or appoint a substitute, and that the power expires six months from execution or on registration, whichever is earlier.
She signs it before a notary in Toronto and gets it apostilled. It reaches Noida in three weeks, is stamped within the three month window and registered at the Sub-Registrar. The sale deed is executed by her brother, the buyer deducts the higher TDS applicable to a non-resident, the money reaches her account, and the power ends by its own terms. Nothing is left lying around to be misused.
Time and cost in general terms
Drafting a straightforward SPA takes a day or two once the task and property papers are clear. Execution in India before a notary is quick; registration depends on appointment availability at the Sub-Registrar office. Execution abroad takes longer because of consulate appointments, apostille and courier, and stamping in India adds a few days to a few weeks depending on the state's adjudication process.
Costs depend on the complexity of the powers, the number of properties and principals, whether the SPA is registered, and whether the lawyer also attends registration or coordinates with a consulate. Stamp duty and registration fees are separate government charges set by the state and the type of power. Ask for the scope in writing before the work starts.
What to do this week if you need a special power of attorney
- Write down the exact task, the property and the deadline.
- Ask the office that will use the SPA whether it needs a particular format or registration.
- Collect identity proof, PAN and photographs of principal and attorney.
- Gather the title deed, mutation and other property papers for the description.
- Decide limits: minimum price, bank account for payments, validity period, delegation.
- Check the stamp duty for the state and the type of power.
- If abroad, book the consulate or notary and apostille appointment.
- Plan for stamping in India within three months and registration if required.
- Diary the expiry date and plan to collect the original back once the task is done.
When an SPA is the wrong tool
An SPA is the right document for a defined task by a trusted person. It is the wrong document where the real intention is to transfer the property, where the principal is losing mental capacity, or where the attorney's interests conflict with the principal's. A buyer who has paid in full needs a registered sale deed, not a power. A family settling shares needs a family settlement or release deed. An elderly owner planning for the future needs a will and perhaps a gift or trust, chosen with care.
Before you sign, read every power and ask what the attorney could do with it on a bad day. If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step through our talk to a lawyer page. For a wider authority, see our page on power of attorney drafting.
Residential property: what changes
Residential property covers houses, builder floors, flats in group housing societies and apartments in developer projects. It is the property people care about most, and the law gives it more protection than commercial premises: consumer remedies against builders, rent control for old tenancies, special rules for senior citizens and family members. It also carries more family disputes than any other kind of asset.
The documents depend on the type. For an independent house or builder floor in Delhi, ask for the chain of sale deeds or the conveyance deed from DDA, the sanctioned building plan, the completion certificate, mutation in MCD records, the latest property tax receipt and electricity and water bills. For a flat in a cooperative group housing society, ownership runs through membership: the share certificate, the society's NOC and the Registrar of Cooperative Societies' approval of the transfer matter as much as the deed. For a flat in a developer project in Noida, Greater Noida or Gurugram, check the RERA registration, the builder-buyer agreement, the occupancy certificate, the tripartite sub-lease or conveyance deed, and whether the builder has paid the land dues to the authority, since unpaid dues have held up registration for thousands of buyers.
Stamp duty is charged on the higher of the price and the circle rate. Delhi charges women buyers a lower rate, and joint purchases fall in between; Uttar Pradesh and Haryana have their own concessions. Registration is at the sub-registrar office for the area, with both parties and two witnesses present. After registration, mutation in the municipal or authority record should be applied for, since it governs property tax and later dealings, even though mutation is not proof of title.
Disputes tend to fall into a few groups. Against builders: delayed possession, reduced area, poor construction and missing amenities, which go to the RERA authority or the consumer commission at the buyer's choice. Between landlord and tenant: old tenancies with rent up to ₹3,500 a month in Delhi are governed by the Delhi Rent Control Act 1958, where eviction for the landlord's bona fide need under section 14(1)(e) is the usual route; newer tenancies are contractual and go to the civil court or the rent authority under any new tenancy law the state has adopted. Within families: partition, wills and succession, and disputes over who may live in the house. Senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which in appropriate cases has ordered children to vacate a parent's house. A wife's right to reside in the shared household under the Domestic Violence Act 2005 can also affect who stays in a property.
A few habits prevent most problems. Never buy on a GPA and agreement to sell alone. Insist on the occupancy or completion certificate. Keep original documents safe and certified copies handy. And put family arrangements about a house in writing, ideally a registered partition or family settlement, before a death or a marriage breakdown turns them into litigation.
Frequently asked questions
What is the difference between a special and general power of attorney?
A special power of attorney authorises specific acts or a single transaction, such as registering one sale deed. A general power of attorney gives wide authority over a range of acts or properties. An SPA limits the risk of misuse and is easier for offices to accept for a defined task.
Is registration of a special power of attorney compulsory?
Not under the central Registration Act in most cases, but some states require registration of powers relating to immovable property, and Sub-Registrars usually insist on a registered or properly authenticated power for registration work. Registering it also creates a public record that helps when revoking it. Check the rule for the state and the office.
How much stamp duty is payable on an SPA?
It depends on the state and the type of power. A power for a single transaction or for presenting documents carries modest duty, while a power to sell immovable property can attract duty close to conveyance in Delhi, UP and Haryana. Check the current state schedule before executing.
Can an NRI make a special power of attorney abroad?
Yes. Sign it before an Indian embassy or consulate, or before a local notary with an apostille. Once received in India, it must be stamped within three months, and registered if the use requires it.
Can an attorney sell my property under an SPA?
Only if the SPA expressly authorises sale of that property. The attorney then signs a registered sale deed on your behalf, and the sale binds you. Limit the price and require all money to be paid into your own bank account.
Does a power of attorney transfer ownership?
No. A power of attorney only gives authority to act; it does not transfer title. The Supreme Court made this clear in Suraj Lamp v State of Haryana (2011). A registered sale deed is needed to transfer ownership.
Is an SPA valid after the principal dies?
No. Under section 201 of the Contract Act the agency ends on the principal's death, unless it is coupled with an interest under section 202. Any deed signed by the attorney after death is void.
How do I cancel a special power of attorney?
Execute a deed of revocation, registered if the original was registered, and send notice to the attorney and every office where the power may be used. Collect the original back. Revocation binds third parties only once they know of it, so wide notice helps.
Can a special power of attorney holder file a court case?
Yes, if the SPA authorises it. The attorney can sign and verify pleadings and engage advocates, but can depose only to facts within personal knowledge. Facts known only to the principal must come from the principal.
Can one SPA cover several properties?
It can, if each property is listed in a schedule and the powers are defined for each. Separate SPAs per property and task are usually safer and easier for offices to accept. A long list of properties starts to look like a general power.
Who can be appointed as attorney under an SPA?
Any adult of sound mind whom the principal trusts, such as a relative, friend, employee or advocate. A company can also act through an authorised officer. Choose someone who will follow instructions and keep records.
Do I need a lawyer to draft an SPA?
The law does not require one, but a lawyer helps fix the powers, limits, stamp duty and execution so the SPA is accepted and cannot easily be misused. Badly drafted powers are a common reason for rejection at the Sub-Registrar and for later disputes. The cost of drafting is small compared with fixing misuse.
Should I go to RERA or the consumer commission against my builder?
You can choose either, as the Supreme Court held in Newtech Promoters v State of UP (2021), but not both for the same relief. RERA is often quicker for refund or delay interest under section 18; the consumer commission can also award compensation for deficiency in service. The choice depends on the amount, the relief you want and how far the project has progressed.
Can my son be evicted from my house if he harasses me?
In many cases, yes. The Maintenance Tribunal under the Senior Citizens Act 2007 has power to protect a parent's property and life, and courts have upheld eviction orders against children in suitable cases. The parent's ownership of the house and evidence of ill-treatment are the key facts.
Need help with Special Power Of Attorney Drafting For Residential Property? Send your papers or a short note of what has happened. An advocate from the team of Advocate B.K. Singh will read it and tell you the next step.
