power of attorney

A power of attorney creates an agency. A general power of attorney (GPA) authorises the agent to act in a range of matters; a special power of attorney (SPA) is for a specific act, such as appearing before the Sub-Registrar or conducting a particular case. It is governed by the Powers of Attorney Act, 1882 and the agency provisions of the Contract Act, and needs stamping; a power to sell immovable property should be registered.

A power of attorney is not a transfer of ownership. The Supreme Court held that “GPA sales” (sale agreement plus GPA plus will) do not convey title. The authority ends on the principal's death or revocation, unless coupled with an interest. An attorney cannot depose on facts known only to the principal.

Example

The buyer's documents were only a sale agreement and a power of attorney, which, after Suraj Lamp, did not make him the owner.

In Indian law

• Powers of Attorney Act, 1882
• ss.182 and 201, Indian Contract Act, 1872 (agent; termination of agency)
• Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, 2011 INSC 739: GPA sales do not transfer title to immovable property

See also

agency · conveyance · registration · sale agreement

Read more in the study notes

• Power of attorney and will (Drafting, Pleading and Conveyance)
• Forgery and property marks (Bharatiya Nyaya Sanhita)
• Specific performance of contracts (Contract I)
• Termination of agency (Contract II)
• The IT Act, 2000: scheme, definitions and jurisdiction (Cyber Law)
• Conveyancing principles and the sale deed (Drafting, Pleading and Conveyance)