The Special Power Of Attorney Deed Of Sale is a crucial legal instrument used in Indian property transactions when a property owner cannot personally handle the sale process. This document becomes necessary when property owners are unable to be physically present for the sale transaction due to various reasons such as residing abroad, health issues, or business commitments. The document, governed by the Powers of Attorney Act, 1882, and various state-specific regulations, must clearly specify the property details, the powers granted, and the scope of authority. It includes crucial information such as the identity of both the principal and the attorney, complete property description, specific powers granted for the sale, and execution requirements. The document must be properly stamped and is typically notarized to enhance its authenticity. While registration is optional under Indian law, it is strongly recommended for property transactions to ensure better legal standing and prevent potential disputes.
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1. Title and Date: Specifies the document as a Special Power of Attorney for Sale and the date of execution
2. Parties Identification: Details of the Principal (donor) and the Attorney (donee), including full names, ages, addresses, and occupation
3. Recitals: Background information explaining why the POA is being granted, including Principal's ownership of the property and reason for appointing an Attorney
4. Property Description: Comprehensive details of the property for which the POA is being granted
5. Powers Granted: Detailed list of specific powers being granted to the Attorney regarding the sale of property
6. Duration of Authority: Specifies the time period for which the POA will remain valid
7. Consideration: States whether the POA is executed for consideration or gratuitously
8. Attestation and Witness Details: Space for witnesses' signatures and details
9. Execution Clause: Formal execution block with signatures of the Principal and witnesses
1. Revocation Clause: Include when specific conditions for revocation need to be stated
2. Indemnity Clause: Add when the Principal wishes to protect the Attorney from legal consequences of authorized actions
3. Substitution Powers: Include when the Attorney needs the power to appoint a substitute
4. Foreign Jurisdiction Clause: Add when the POA might need to be used in another country
5. Joint Holders Clause: Include when the property is jointly owned and multiple principals are granting the POA
1. Schedule A - Property Details: Detailed description of the property including boundaries, measurements, and registration details
2. Schedule B - Specific Instructions: Any specific instructions regarding the sale price, terms, or conditions
3. Schedule C - Required Documents: List of property documents held by the Principal and to be handled by the Attorney
4. Appendix 1 - Identity Proof: Copies of identity documents of Principal and Attorney
5. Appendix 2 - Property Documents: Copies of property ownership documents referenced in the POA
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