Power Of Attorney By
Landlords In Favour Of Developers
KNOW
ALL MEN BY THESE PRESENTS we (1) ......................... (2)
…….(3)……..(4) ………resident of ………..SEND
GREETINGS:
WHEREAS
(1) We are absolutely seized and possessed of
or otherwise well And sufficiently entitled to a piece and parcel and land
situate, lying and being at village……….. Taluka ………..District
……….. and, more particularly described in the
Schedule I hereunder written.
(2) By an agreement for sale dated
………..executed by us as ourselves of the ONE PART and Shri……….. and Shri ………..as
purchasers of the OTHER PART, we have agreed to sell a portion of the said land
admeasuring...................sq. metres, hereinafter referred to as the said
property, more particularly described in the Schedule II hereunder written.
(3)
In pursuance of the said Agreement for sale, we have handed over the possession
of the said property to the purchasers on..................................which
they have accepted and now the purchasers
are in lawful possession of the said property
(4)
The purchasers have requested us to grant Power of Attorney in their favour to
enable them to set the plans sanctioned by the Bombay Municipal Corporation and
other appropriate authority and to start construction on the said land and to
do all other acts and things, which we have agreed to do.
NOW
KNOW YOU ALL AND THESE PRESENTS WITNESS THAT
we (1) ……….. (2) ……….. (3) ……….. (4) do and
each of us doth hereby nominate, constitute and appoint
(1) Shri ………..and (2) ………..hereinafter
referred to as our Attorney, to be our true and lawful attorneys in our name
and on our behalf to do jointly or severally all and/or execute all or any of
the following acts, deeds, matters and things for us and on our behalf and in
our names viz
(1)
To develop and sell the buildings consisting of flats for residential purpose
in the said property.
(2) To apply, for permission/exemption from
the Competent Authority, the State of Maharashtra and/or any other
authority/authorities under the provisions of Urban Land (Ceiling and
Regulation) Act, 1976 (for brevity ULC&R Act) and for the permission and/or
sanction for development of the said property under the provisions of ULC&R
Act, and for that purpose to make any declarations, sign forms in our name and
on our behalf as our Attorney(s) shall deem fit and proper also to appear
before appellate authorities under the said ULC&R Act and/or State
Government in connection with the permission for transfer of the said property
as also development of the said property as aforesaid and generally to do
various acts, deeds, matters and things connected with the matters relating to
ULC&R Act in the manner our said Attorney(s) may deem fit and proper and
conducive in connection with all matters pertaining to Urban Land Ceiling
clearance.
(3) To make and prepare and/or cause to be
made and prepared at their entire cost
all such layout, sub-division, plans, specifications and designs and/or any
alterations in the existing plans and/or specifications as may be necessary,
required and advisable at the discretion of our said Attorney(s)
for the purpose of constructing the buildings
on the said property to Brihanmumbai Municipal Corporation and/or any other
Concerned Authority and/or Government of Maharashtra and/or Local Bodies and to
engage the services of any Architect, Engineer, Consultant, or any person as
may be necessary or advisable at the discretion of our said attorney and to pay
necessary fees and premium required
for getting the plans sanctioned and do all other acts and things as may be
necessary for getting the plans of the proposed building/s sanctioned by the
Municipal and other authorities.
(4)
To pay and discharge all ground rent, taxes, rates, assessments, charges,
deductions, expenses and all other payments and outgoings whatsoever due and
payable or which may hereafter become due and payable for or on account of the
said property from the date of the said agreement onwards.
(5) To commence, carry out and complete
and/or cause to be commenced and completed, construction work 'at their entire
cost on the said property in accordance with the sanctioned plans and
specifications and so far as any construction work is concerned, to see that
all applicable rules and regulations, which are made by the Government of Maharashtra and/or
Brihanmumbai Municipal Corporation and/or Town Planning Authorities and/or
Talathi and/or Collector and/or any other Competent Authority or authorities
for the time being are strictly observed.
(6) To invite tenders and offer for the
purpose of construction of one or more building(s) or structure(s)
on the said property, to accept to construct such tenders or offers and such
consideration and on such terms and conditions as the said attorney(s) may in
his/their absolute discretion deem fit, to give the construction contract to
such person(s) as our said attorney(s) may deem fit and proper and to get all
such building(s) or structure(s) duly completed by the said contractors and to
enter into such arrangements with such and other person or persons or body or
bodies whether corporate or otherwise for the purpose of development of the
said property wholly, partly or in stages and for construction(s) of buildings
or structure(s) thereon and/or furnishing the premises therein as the said attorney(s) may in
his/their absolute discretion deem fit and to
pay the cost of construction and development of the said building(s)or structure(s)
and furnishing of the premises to such contractors and other persons or bodies
and to obtain valid receipts and discharges therefore to enter into contracts
for supply of materials, labour and for all other services as may be required
for development and construction of the building(s) or structure(s) on the said
property on such terms and conditions as my/our said attorney(s) may in
his/their absolute discretion deem fit and proper.
(7)
To carry on correspondence with all concerned authorities and bodies including the Government of Maharashtra and
all its
departments,
the Brihanmumbai Municipal Corporation and/or City Survey Officer/Talathi
and/or Police Authorities for the time being in connection with the
sanction of plans, obtaining of floor space index for the construction proposed
to be carried out on the said property and any other matters pertaining to the
said property.
(8) To deal and correspond with Brihanmumbai
Municipal Corporation including all its Departments or officers or any other
officers or
Authorities in connection with or relating to or to the said property hereunder
and in particular to do the following acts, deeds, matters and things viz.:
(a) To apply for and obtain, sanction,
revalidation with further alterations or additions or modifications, as our said Attorney(s) may require;
(b) To apply for and obtain the occupation
and/or completion certificate(s) in respect of the
buildings to be constructed and completed on the said property;
(c) To deal with the Assessment Department
of the Brihanmumbai Municipal
Corporation and to get the assessment from the Brihanmumbai Municipal
Corporation of the said property.
(9)
To appear and represent us before any and all concerned authorities and parties
as may be necessarily required and/or advisable in the sole discretion of our
said Attorney(s) for or in connection with the development of the said property
and to make such agreement(s)arrived at such arrangement as may be conducive to
the development work and completing the same.
(10)
To enter upon property at any time, affix board, put the barbed wire fencing or
construct a compound wall on the said property or any portion thereof as
per demarcation thereof and to make all payments for getting the work done.
(11) To represent before the public, local
and/or private authorities in respect of the development of the property and to
make such of the actions and things as may be necessary for effectually
commencing the said development work and completing the same.
(12) To deal with the correspondence with the
Bombay Electric Supply and Transport Undertaking Ltd. for obtaining electric
connection including execution of lease deed in respect of any portion of the
said property for the purpose of enabling the Bombay Electric Supply and
Transport Undertaking Ltd. to put up and erect an electric sub-station for the
supply of electricity to the buildings that may be constructed on the said
property and for that purpose to sign, all letters, applications, undertakings,
terms and conditions as may from time to time be thought necessary or as may be
required by the concerned authorities.
(13) To empower on our behalf and in our name
and to represent before our interest
before the City Survey Authorities, Land Record Authorities, Collector of Land
Revenue and Assessors of Municipal Rates and Taxes, Town Planning Authorities,
Commissioner of Police and Municipal Commissioner and other officers for the
grant of the licences or permits or for any other purpose or renewal thereof as
may be necessary under any local Act, Rules, Regulations or Bye-laws and also to appear before any public or Government
officer or other Authorities whosoever.
(14)
To make applications for connections, electric supply and other incidental
requirements which may be required for the purpose of other development of the
aforesaid property.
(15) To ask, demand, sue for, enforce payment
or/and recover and receive and give effectual receipt and discharge from any
person or persons, rents and/or compensation and/or mesne, profits in respect
of the said property which now are or which at any time or times hereafter may
become due and payable to us.
(16)
To apply for refund of deposits made or to be made with the Brihanmumbai
Municipal Corporation, Maharashtra State Electricity Board and other concerned
Authorities and receive the said refunds.
(17)To nominate, appoint, engage and
authorise solicitors, advocates, Income-tax and sales tax practitioners,
Chartered Accountants, Architects, Surveyors, Engineers, Contractors, Sub
Contractors and other professional agents and to sign and give warrants or
vakalatnamas or other necessary authorities in their favour from time to time and
to revoke their appointments and pay their remunerations including special fees
and charges.
(18) To make, sign and submit applications,
petitions, letters and writing appeals, etc. to appropriate Government
Departments, Local authorities and/or other Competent
Authorities under the Urban Land (Ceiling & Regulation) Act, 1976 or any
other law or any other authorities for all and any licences, permissions,
exemptions, sanctions and consents required by any law or otherwise in
connection with the management,
improvements and development of the said property.
(19) In connection with or relating to the
said property to take action against person or tenants, occupiers, etc. if any,
in any court, to represent us in any Court of Law and to sign all applications,
plaints, written statements, applications, affidavits, review, appeal,
petitions, on our behalf from time to time be found necessary, proper and/or
enter into any agreement relating to
said development of property or to refer the same to arbitration or. to
otherwise deal with the same as effectively to all intents and purposes
aforesaid to appoint Advocates(s), Solicitors and Counsel and to sign
vakalatnama and/or authorisations on our behalf, but at their entire risk as to
costs.
(20) In case the said property or any part
thereof is notified for acquisition or requisition or reservation or road
widening, to appear before the relevant authorities and to
file applications, objections, claims for compensation or otherwise and
to do all other acts, deeds, matters and things as may be necessary in that
behalf and to file appeals, references, petitions against any order or orders
made by such acquisition or requisitioning authorities and to accept service of
any writ, summons or other legal proceedings or motion and to appear and
represent us in any court and before all magistrates, judges, judicial officers
and other authorities and tribunals whatsoever as by the said attorney's shall
be thought advisable and to commence and continue any suit, petitions, actions
or any other proceedings in any court of law and before any public officers or
tribunals for receiving compensation for acquisition, requisition, reservation
and/or relief for de-acquisition or de requisitioning or de-reservation or
otherwise whatsoever.
(21)
To make application to the authorities of the Brihanmumbai Municipal
Corporation and such other private and public authorities for making
availability of water, electricity, etc. on the said property that may be
required for commencing the development work and to complete the same and for
that to execute necessary writings including undertakings.
(22) To make applications to the government
or semi-government authorities for sanction of cement and steel and/or such
other building materials as may be required for the said development work
and for thatpurpose to execute necessary writings including undertakings and
bonds and to furnish necessary deposits for the same.
(23)
To manage the said property written hereunder and to take such of the steps as may
be necessary to manage the said property till the time of completion of the
said development.
(24) To evict or take possession of the said
property in occupation of the tenants, occupants or trespassers, if any in the
said property or any part thereof and to take all steps in that behalf such as
negotiation, settlement, compromise or make agreements to get their rights
surrendered and extinguished and also to create ten. duration as our attorney(s) shall deem fit either in our name or
in the name of our attorney(s) and to collect and receive rents.
(25) To mortgage the said property or any
part thereof in favour of any bank(s) or other financial institutions in such a
manner as the attorneys think fit and proper for obtaining a loan by the
attorney(s) and also to execute necessary deeds, affidavits, indemnity bonds or
other relevant documents for creation of mortgage or charge on the said
property, as the attorneys think fit.
(26)
To sign and execute all papers, correspondence and all other deeds
and assurances and documents of any kind whatsoever which we our self could
have done for the completion of the said development work.
(27) To attend and to represent us before any
Collector, Authorities or
officers of Government of India or any other State or States, before all
Revenue, Municipal, Public or other officers including those of Income-tax as
occasion shall arise for any purpose connected with the said development work.
(28) To do any act, deed or thing, as our
said Attorney(s) may deem fit and proper and necessary in the best interest of
our self and in the best interest of the said property.
(29)
To do all other acts and things which may be necessary to be done for rendering
these presents valid and effectual to all intents and purposes in the best
interest of the said property.
(30) For any of the purposes mentioned
hereinabove to sign all applications, papers, undertakings, terms and
conditions as may be required from time to time, at their own cost.
(31) To advertise in the newspapers for the
sale of residential flats in the development and to enter into agreements for
the sale of such residential flats with the prospective purchasers on and for
such price or consideration and upon such terms and conditions as our said
Attorney(s) shall deem fit and proper and for the same and also to execute all
such writings as may be necessary, effectually entering into the said Agreements for sale of
residential flats and to do all such necessary acts and things as may be
necessary or proper in that behalf.
(32) Subject to fulfilment of obligations
under the said agreement of development, to sign and execute for us and on our
behalf the conveyance(s) in favour of our said Attorney(s) and/or their nominee
or nominees including co-operative society(s) and to present any such
conveyance(s) for registration to admit execution and receipt of consideration
before the Sub-Registrar having authority for and to have the said conveyance(s)
registered and to do all acts, things and deeds, which our said Attorney(s)
shall consider necessary for conveying the
said property to the purchaser or their
nominee or nominees as fully and effectively in all respects as we could do the
same ourselves.
(33)
To apply for no objection certificate or necessary permissions from the
Brihanmumbai Municipal Corporation (Fire
Brigade Department) for occupying the building and to do all acts, deeds or
things for the said purpose.
(34) To sign declarations as may be required
under section 269UC of the Income-tax Act, 1961 and application under section
230A(l) of Income-tax Act, 1961 and to appear before any tax authority on our
behalf to do all the acts, deeds, matters and things necessary for obtaining
certificates under the Income-tax Act, 1961.
(35) To present for registration with the
registering authority the document or documents of whatsoever
nature executed by us and to admit
the execution thereof before the registering authority.
(36) To sign, transfer forms, documents and
writing for transferring the property in the records of Government or municipal
authorities and other public authorities and to do all other acts in connection
therewith.
(37) For all or any of the purposes of and
power, authorities and discretions conferred by these
presents to use and sign in our names or in which we may be in any way
interested or to use and sign his/their name as our attorney(s) shall think fit
without any reference or recourse to us.
(38) And also for more effectually doing,
executing and performing the several matters and things aforesaid to appoint
from time to time or generally such person or persons as our attorney(s) may
think fit as their substitute or substitutes, to do, execute and perform all or
any of such matters and things as aforesaid and any such substitute or other in
his or their place and we hereby agree at all times to ratify and confirm
whatever our attorneys or any such substitutes or substitute shall lawfully do
or cause to be done in or about the said properties and even in case of demise of any of us our heirs
and successors-in-title or administrators and assigns shall remain bound to
reconstitute our said attorney or their nominees with such powers as per their
directions.
(39) And to do every thing whatever which may
be at the sole discretion of our said Attorney(s) deemed fit, or expedient for
sale and/or enjoyment and/or development of the said property and which we our
self could do if personally present and as if this power had not been executed.
(40)
And generally to do and cause. to be done all acts, deeds, matters and things
as our said Attorney(s) shall think fit and proper for the purpose of sale of
flats and enjoyment and the development of the said property, as amply and
effectual as we could have personally done
(41) All charges and expenses of and
incidental to any act, deed, matter or thing done or caused to be
done by our said Attorney(s) in exercise
of any power or powers herein contained shall be borne and paid and provided
for by our said attorney(s) alone and we shall not be responsible for the same
and the said Attorney(s) shall indemnify and by keep
indemnified our estate and effects from and against the payment of the
aforesaid costs, charges, that may have to be paid by us by reason of our
Attorney(s) doing or causing to be done any act, deed, matter or thing by
virtue of these presents.
(42) This power of attorney shall not be
revoked by us for the reasons or on the grounds whatsoever and it shall remain
irrevocable till the said constituted attorney(s) complete the development work
and put the third party or parties in possession of the said flats duly
constructed by them and until the conveyance(s) of the said property is
executed in favour of our said attorney(s), their nominee/nominees, assignee
including co-operative society or societies.
(43) Upon the death or incapacity of any of
the executants hereof, this power of attorney shall not become inoperative in
respect of other executants. In such an eventuality, it shall be the
responsibility of such other executants to obtain additional power of attorney
from the legal heirs of such deceased executant
(44) AND WE THE ABOVENAMED HEREBY AGREE AND UNDERTAKE to ratify and confirm all and whatsoever the said
attorney(s) under the power in that behalf and shall lawfully do or cause to be
done in the premises either jointly and/or severally aforesaid by virtue of
these presents.
IN
WITNESS WHEREOF, we have hereunto set and subscribed our
hands at ……….as aforesaid this day of………20………
The Schedule I above referred to
The
Schedule II above referred to
WITNESS Signed and delivered by the within named
Before me
(1)
(2)
(3)
(4)
Identified
by me
Advocate
No comments:
Post a Comment