UK Special Power of Attorney for Sale of Property Share in India
Updated Special Power of Attorney (SPA) format for a UK-based legal heir who wants to authorise a sister, brother or other trusted attorney in India to deal with the sale and registration of the executant's inherited or undivided share in immovable property.
Current Legal Position
Sections 32 and 33 of the Registration Act, 1908 permit a document to be presented for registration by a duly authorised agent. Where the principal resides outside India, the Act recognises a Power of Attorney executed and authenticated before, among others, a Notary Public or an Indian Consul or Vice-Consul.
A Power of Attorney is an instrument of authority. It does not by itself transfer ownership of immovable property. The attorney may carry out the acts expressly authorised in the SPA, including execution and presentation of a sale deed where the document clearly grants those powers, but the transfer of title must take place through the legally required conveyance and registration process.
Stamp duty and post-arrival stamping/adjudication requirements are governed by the law applicable in the State or Union Territory where the instrument is to be used. These requirements should be checked before the SPA is acted upon in India.
How to Execute the Special Power of Attorney in the UK
- Finalise the SPA for the specific property and transaction. Use the executant's full name exactly as shown in the passport and describe the property, inherited share and powers with precision.
- Choose the appropriate execution route. The High Commission of India in London currently provides execution/attestation services for civil, property and financial Power of Attorney matters within its jurisdiction. Its current procedure requires prior online processing/appointment and personal attendance for direct execution.
- Alternatively, use the UK apostille route where appropriate. A Power of Attorney may be notarised or otherwise certified by a qualifying UK public official and submitted to the UK Legalisation Office for an apostille. India and the UK are parties to the Hague Apostille Convention, and an apostilled UK public document is generally entitled to recognition in India without further diplomatic legalisation.
- Send the original completed document to India. The attorney should then comply with the applicable Indian stamp-duty, adjudication and registration requirements before relying on the instrument.
- Confirm the Sub-Registrar's local requirements before the sale. Requirements relating to photographs, fingerprints, witnesses, identity documents, property records and the form of authority can vary in practice and under State rules.
Updated Special Power of Attorney Format
(FOR SALE OF INHERITED / UNDIVIDED SHARE IN PROPERTY IN INDIA)
BY THIS SPECIAL POWER OF ATTORNEY, I, ________________, aged about ___ years, son/daughter of Late ________________, holder of Passport No. ________________ and OCI Card No. ________________ (if applicable), presently residing at ________________________________________, United Kingdom (hereinafter referred to as the "Executant" or "Principal"), do hereby appoint and constitute my sister/brother/other, ________________, aged about ___ years, son/daughter of Late ________________, residing at ________________________________________, India, holder of ________________ (hereinafter referred to as the "Attorney"), to be my true and lawful Attorney to act for me and in my name in relation to the property and my share described below.
Recitals
A. The Executant and the Attorney are among the legal heirs of Late ________________, who died on ________________ at ________________.
B. The legal heirs of the deceased are stated to be:
| Sl. No. | Name of Legal Heir | Age | Relationship with Deceased |
|---|---|---|---|
| 1 | ________________ | ___ | ________________ |
| 2 | ________________ | ___ | ________________ |
| 3 | ________________ | ___ | ________________ |
| 4 | ________________ | ___ | ________________ |
C. To the best of the Executant's knowledge and based on the applicable succession documents, there are no other legal heirs except those lawfully entitled to succeed to the estate. The exact succession share shall be governed by the applicable personal/succession law and the relevant title and heirship documents.
D. Late ________________ was the owner of / had title to Flat/House/Land No. ________________, admeasuring approximately ________________, situated at ________________________________________, more fully described in the Schedule below ("the Property").
E. The Executant has succeeded to an undivided share/right, title and interest in the Property to the extent lawfully devolved upon the Executant. The Executant is residing outside India and is unable to remain personally present for all acts connected with the proposed sale and registration.
Powers Granted
1. To represent me exclusively in relation to my lawful share, right, title and interest in the Property and to correspond with prospective purchasers, advocates, banks, housing societies/associations, revenue authorities, municipal authorities and registration authorities.
2. To negotiate the terms of sale of my lawful share in the Property, either together with the other co-owners/legal heirs or otherwise as legally permissible, at a price and on terms approved by me or otherwise expressly authorised by this instrument.
3. To sign, execute and deliver an agreement to sell, sale deed, conveyance deed, declarations, indemnities, applications, affidavits, receipts and other documents strictly necessary to complete the authorised sale of my share in the Property.
4. To present and admit execution of the authorised sale/conveyance document before the competent Sub-Registrar/Registrar and to complete registration formalities, including signing applications and furnishing identity/property documents as legally required.
5. To apply for and obtain certified copies, encumbrance/property records, mutation/revenue records, tax receipts, society/association letters, permissions, NOCs and other documents reasonably required for completing the authorised transaction.
6. To pay from funds provided by me, or arrange payment of, lawful fees, taxes, charges and expenses connected with the authorised acts, and to obtain receipts for the same.
7. Sale consideration option
- retain only the clause intended:
(a) To receive my share of the sale consideration on my behalf and issue a valid receipt; OR
(b) The Attorney shall have no authority to receive sale consideration in cash or into the Attorney's personal account, and my share shall be paid directly to the bank account specified by me in writing.
8. To hand over possession in accordance with the registered sale/conveyance deed after fulfilment of the agreed sale terms, to the extent the Executant is legally competent to do so.
9. To sign and submit documents required for mutation or recording of the completed transfer after registration of the sale/conveyance deed.
10. To do all lawful acts that are necessary and incidental to the limited purposes expressly stated in this Special Power of Attorney.
Limitations
This Special Power of Attorney is limited to the purposes stated above. It does not itself convey or transfer title in the Property to the Attorney or to any purchaser. The Attorney shall not gift the Property, create a mortgage or charge, borrow against the Property, transfer it to himself/herself, or appoint a substitute attorney unless such power is expressly added to this instrument after legal review.
Ratification
I agree to ratify all lawful acts properly done by my Attorney within the authority expressly granted by this Special Power of Attorney.
IN WITNESS WHEREOF, I have signed this Special Power of Attorney at ________________, United Kingdom, on this ___ day of ________________, 20__.
EXECUTANT / PRINCIPAL
Name: ________________
Signature: ________________
Passport No.: ________________
Witnesses
Witness 1
Name: ________________
Address: ________________________________________
Passport/ID particulars: ________________
Signature: ________________
Witness 2
Name: ________________
Address: ________________________________________
Passport/ID particulars: ________________
Signature: ________________
Attorney Holder
Name: ________________
Address: ________________________________________
Signature/specimen signature, if required: ________________
Notarial / Consular authentication and apostille block to be completed in accordance with the execution route chosen.
Schedule of Property
| State / Union Territory | ____________________________ |
|---|---|
| District | ____________________________ |
| Sub-District / Taluk / Tehsil | ____________________________ |
| Village / Town / City | ____________________________ |
| Municipality / Panchayat | ____________________________ |
| Flat / Plot / Door No. | ____________________________ |
| Survey / Re-survey / Khasra No. | ____________________________ |
| Extent / Area | ____________________________ |
| Title deed / prior deed details | ____________________________ |
| Executant's lawful undivided share | ____________________________ |
| East boundary | ____________________________ |
| West boundary | ____________________________ |
| North boundary | ____________________________ |
| South boundary | ____________________________ |
| Additional description | ____________________________ |
Practical Checklist Before Signing
- Match the executant's name and identity details exactly with the passport/OCI records.
- Confirm the correct legal heirs and the executant's actual succession share from the applicable succession law and supporting documents.
- Use the complete property description from the title deed and current revenue/municipal records.
- State expressly whether the attorney may receive sale consideration, and preferably specify the permitted payment method.
- Delete powers that are unnecessary; a Special Power of Attorney should be transaction-specific.
- Check current High Commission/notary/apostille procedure before execution.
- Check State-specific stamp duty, adjudication and registration requirements in India before the attorney uses the SPA.