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Special Power of Attorney — ખાસ મુખત્યારનામું

ખાસ મુખત્યારનામું

Authority limited to one defined act. Safer than a general power, and what most people asking for a POA actually need.

e-StampNotaryRegistration optional

One job, one document

A ખાસ મુખત્યારનામું authorises a named person to do a defined thing: sell one specific flat, appear before the Sub-Registrar and admit execution of one deed, operate one bank account, conduct one court matter, collect one set of documents. When that thing is done, the authority is spent.

That is the whole advantage. The attorney can do what needs doing; he cannot do anything else. Where a general power exposes everything you own, a special power exposes one transaction.

Why notarisation carries real weight here

Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 directs that a court shall presume that a document purporting to be a power of attorney, executed before and authenticated by a Notary Public, was so executed and authenticated. Most notarial acts carry no such presumption, which is what makes a properly notarised power of attorney unusually strong — and why the drafting deserves care.

Be clear about its limits, though. The presumption goes to due execution and authentication, not to the truth of the contents, and it is rebuttable. It does not validate the transaction behind the power, and it does not turn a power of attorney into a conveyance.

Drafting it so the office will actually accept it

The commonest failure is a special power that is too vague for the receiving office to act on. A Sub-Registrar presented with "to do all acts necessary in respect of my property" will not act; he wants the property identified and the act specified. A bank wants the account number. Draft to the recipient:

  • Identify the subject precisely — the survey or city survey number, the account number, the case number.
  • Specify the acts, and specify them in the language the receiving office uses.
  • State the duration, or the event on which the power ends.
  • Say whether the attorney may delegate — usually he should not.
Presenting a document for registration needs authentication.

Where the power is to be used to present a document before the Sub-Registrar, it requires authentication under section 33 of the Registration Act, 1908. Tell us that is the purpose when we draft it, so it is prepared in the form the office needs.

Executed abroad?

A power executed outside India is signed before an Indian Consulate or Embassy, or notarised locally and apostilled. It must then be stamped in India within the prescribed period after receipt, and registered where it concerns immovable property. Send us a draft before it is signed — the commonest and most expensive NRI mistake is a power executed perfectly abroad but worded so the office here will not act on it.

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Photo ID for the principal and the attorney
  • The exact act the attorney is to perform
  • Identifying details of the property, account or case
  • The office or institution that will receive the power
  • Whether the principal is in India or abroad

Related

Common questions

What is the difference between a general and a special power of attorney?

A general power confers broad authority across a range of matters. A special power authorises one defined act and is spent once that act is done. If you can name the task, use a special power — the convenience difference is negligible and the risk difference is very large.

Can a special power be used to register a sale deed?

Yes, provided it authorises exactly that and is authenticated under section 33 of the Registration Act, 1908. Tell us that is the purpose before drafting so it is prepared in the form the Sub-Registrar accepts.

I live abroad. How do I give one?

Execute it before an Indian Consulate or Embassy, or notarise it locally and have it apostilled. It is then stamped in India within the prescribed period after receipt and registered where immovable property is involved. Send us the draft before you sign it.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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