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Nagesh (private empolyment)     02 January 2026

Special power of attorney

Dear Learned Counsels,

Can a Special Power of Attorney to register the property before the sub-registrar (self acquired property of husband and wife) be given with a clause

a.) My attorney holder has no power to sell. His powers are restricted to admit, present and execute the Sale Deed before the Sub-registrar in favour of say, Mr.Ramesh and Mrs.Smitha only.
b.) Any registration done in the name of persons other than above named persons, is not valid and does not confer any right, title, interest and possession to the purchaser.


Thanking you
Nagesh


 7 Replies

P. Venu (Advocate)     02 January 2026

What is necessity of giving PoA, special or otherwise? Why cann't the holders of the property execute the sale deed? Is the proposed agent a friend or relative?

T. Kalaiselvan, Advocate (Advocate)     02 January 2026

A power of attorney deed is given to the power agent only to perform the tasks of the principal on behalf of them.

If the agent is not authorised to sell then he cannot execute the sale deed on behalf of his principal.

Nagesh (private empolyment)     02 January 2026

Owners are abroad and not likely to return in another 6 months.

 

kavksatyanarayana (subregistrar/supdt.(retired))     02 January 2026

The owners do not give POA to sell the property; how can the agent sell it?  The owners shall execute a Special Power of Attorney to execute a sale deed in favour of Mr.& Mrs X, adding the clause that all the necessary inputs regarding the sale only and not otherwise.

Dr. J C Vashista (Advocate )     03 January 2026

Originally posted by : Nagesh
Dear Learned Counsels, Can a Special Power of Attorney to register the property before the sub-registrar (self acquired property of husband and wife) be given with a clause a.) My attorney holder has no power to sell. His powers are restricted to admit, present and execute the Sale Deed before the Sub-registrar in favour of say, Mr.Ramesh and Mrs.Smitha only. b.) Any registration done in the name of persons other than above named persons, is not valid and does not confer any right, title, interest and possession to the purchaser. Thanking you Nagesh

@ Nagesh,

You want to grant attorney (special) for admission, presentation and execution of sale deed before concerned Sub-Registrar, isn't it?

a) Without selling the subject property by attorney, how it is possible to admit, present and execute sale deed ?

Your question is vague, not clear and contradictory statement.

b.) Any registration done in the name of persons other than above named persons, is not valid and does not confer any right, title, interest and possession to the purchaser.

What do you intend to say qua registration of sale deed in favour of the vendee picked by you? 

Do you want to restrict the attorney to admit, present and execute sale deed in favour of one/ same party can get services of your attorney.

Again your query is vague.

Again 

Nagesh (private empolyment)     05 January 2026

Thank you Gentlemen

 

Jatin Bajaj   13 January 2026

yes, a special power of attorney can be executed with limited and specific authority. The Principal can restrict attorney holder power to execute and sign the sale deed for the specific property. It is advisable that SPA shall mention the property details , name of purchasres, sale consideration and attorney has no power to sell to any third party. A line should also be added that any act beyond the power is ultra virus and is void.


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