Power of Attorney for Development of the Property
TO ALL TO WHOM THESE PRESENTS
SHALL COME: WE
(1) ____________________________ (2) _______________________________
(3) ____________________________ and (4) __________________________, all of
________, Indian Inhabitants, SEND GREETINGS:
WHEREAS:—
(a) We are
the owners and have become entitled to the piece or parcel of land, here determents
and premises together with structures/buildings standing thereon situate, lying
and being at _______________________________ and more particularly described in
the Schedule hereunder written and hereinafter referred to as “the
said property”.
(b) By an
Agreement dated ____________ we have agreed to assign the development rights in
respect of the said property to the M/s. ABC AND ASSOCIATES (hereinafter called
“the said Developers”) upon the terms and conditions contained therein.
(c) To
enable the said M/s. ABC AND ASSOCIATES to develop the said property in
accordance with the said agreement, we are executing the present Power of
Attorney in favour of
(1) _____________________ and (2) _______________________, the partners of the
said Developers to act for and on our behalf and in our name to do all acts and
things relating to the said property:—
NOW KNOW YE ALL AND THESE
PRESENTS WITNESSETH
that we (1) ________________, (2) _________________
(3) __________________ and (4) ________________________ nominate, constitute
and appoint (1) _______________________________ and
(2) ______________________ as our true and lawful Attorneys to jointly and
severally act for us and in our name and do all necessary acts, deeds and
things in connection with the “said property” more particularly described in
the Schedule hereunder written that is to say:—
1. To deal
with and correspond with the Municipal Corporation of Greater Mumbai, Mumbai
Metropolitan Region and Development Authority, Mumbai Housing and Area
Development Authority and all other officers and local authorities and/or the State
Government and/or Central Government and its departments in respect of the said
property and the general development thereof and in particular the following viz.:
(a) to
apply for and obtain sanction of building plans or the revalidation and/or
revision of the plans sanctioned or to be sanctioned, with alterations and
additions, as the Attorneys may desire.
(b) to
apply for and obtain commencement certificate and/or occupation certificate
and/or completion certificate and/or all other relevant certificates for
commencing and completing the construction of the said property in all aspects.
(c) to deal
with and correspond with the Assessment Department of the Municipal Corporation
of Greater Mumbai, in connection with the assessment of the said property and
fixation of ratable value.
(d) To
appear and represent us before all Concerned Authorities and parties as may be
necessary in connection with the proper and effective development of the said
property; and
(e) generally
to do all other acts and matters in connection with or relating to or touching
the development, construction, completion and occupation of the building/s on
the said property.
2. To
enter upon the said property either alone or along with others for the purpose
of commencing continuing and completing the construction activities on the said
property.
3. To sign
all applications, forms, papers, undertakings, indemnities, authorities terms
and conditions etc. as well as pay all fees, deposits and other amounts under
whatsoever head to any of such authorities and to receive back the same and
pass valid receipts and to take and give oral and written statements before any
such authorities or persons whomsoever, as may from time to time be required by
the authorities concerned.
4. To deal
with and correspond with the B.S.E.S. Undertaking and/or other authorities
and/or officers for obtaining electric connections, electric power to the
Premises namely flats/shops/garages/offices/parking etc. (including making or
putting up a sub-station) for and/or in respect of or relating to the Building
now standing and/or to be constructed on the said property and for that purpose
to sign all letters, applications, undertakings, indemnities, terms and
conditions etc., as may be required by the authorities concerned.
5. To
appoint Architects, R.C.C. Specialists, Engineers and other professionals as
may from time to time be found necessary to carry out and/or implement any of
the provisions herein contained and to substitute them or any of them.
6. To
negotiate with the tenants in the building for the purpose of vacating the
premises in their use and occupation by giving any alternative accommodation
either in the said property or in any other property and to sign and execute
necessary agreements and/or writings in that behalf and if required to register
the same with any competent authority. To sign and give notices to the existing
tenants in the building and the Purchasers/occupiers of the flats, shops or
parking spaces, if required.
7. To at
torn tenants for the time being occupying the said property or any portion or
portions and/or structure or structures thereof to any such transferee and/or
purchaser of the said property and/or portion or portions and/or structure or
structures thereof and for that purpose, to sign the necessary papers.
8. For us
in our name to accept service of any Writ of Summons or other legal process and
to appear in any court and before all Courts, Magistrates or Judicial or other
Officers whatsoever as by the said Attorneys shall be thought advisable and to
commence any action or other proceedings in any Court of Justice or Authority
and the same action or proceedings to prosecute or discontinue or become
non-suited therein and to settle, compromise or refer to Arbitration any suit,
action or proceedings as the said Attorneys shall think fit and if the said
Attorneys shall see cause and also to take such other lawful ways and means for
the recovering or getting in any such money or other thing whatsoever which
shall by the said Attorney be conceived to be due owing, belonging or payable
to me/us by any person firm or body corporate and also to appoint any Solicitor
and/or Advocate or Lawyer or Counsel to prosecute or defend in the premises
aforesaid or any of them as occasion may arise either in our name or in the
name of him or them the said Attorneys.
9. To
sign, verify and execute Plaints, Written Statements, Counter-Claims, Appeals,
Reviews, Applications, Affidavits, Authorities and papers of every description
that may be necessary to be signed, verified and executed for the purpose of
any suits, actions, appeals and proceedings of any kind whatsoever (including
action against the tenants/occupants) in any Court of Law or Equity whether of
Original, Appellate, Testamentary or Provisional Jurisdiction or Judicial
Authority established by lawful Authority and to do all acts and appearances
and applications in any such Court or Courts aforesaid in any suits, actions,
appeals or proceedings brought or commenced and to defend, answer or oppose the
same or suffer Judgments or Decrees to be had given, taken or pronounced in any
such suits, actions, appeals, proceedings and to execute Decrees as the said
Attorney shall be advised or think proper and also to bid at the Auction Sales
that may be held by or on my/our behalf under the powers reserved to us under
any Mortgage or Charge or by any Court or any Officer thereof and to purchase
any land here determents and premises at such Auction Sales and to sign, verify
and execute any applications, affidavits, agreements or other documents.
10. To
demolish, pull down, construct, reconstruct, repair, improve upon or otherwise
develop the said property or any part or portion thereof in accordance with the
prevailing rules and regulations in such manner as Attorneys may deem fit. To
sale flats/offices/shops/Garages/stilt parking’s/open parking spaces etc. to
third parties and for that purposes to sign and execute all necessary
assurances, writings, letters, agreements etc. thereof. To obtain TDR/DRC (if
permitted) on the said property and to utilize the same by constructing
premises thereon.
11. To make
and sign an application under Section 27 of the Urban Land (Ceiling and
Regulation) Act, 1976 or under any other provisions of the said Act, if
required in law, for obtaining permission in writing of the Competent Authority
to sell, convey and transfer the said property described in the Schedule
hereunder written and/or any part thereof and also to apply for the amendments
of such permission and to apply under Section 22 and/or any other Sections of
the said Act and to do all other acts, deeds, matters and things and to sign
all other forms and applications for effectively obtaining permissions for
conveying and transferring the said property in favour of the Developers or as
they may direct or as may be required under the said Act.
12. To
apply for and obtain and receive refund of moneys paid and/or deposit or which
may be deposited with the relevant authorities/corporation and to sign receipt
for the purpose.
13. To sell
and dispose of the flats, offices/shops parking spaces and/or any other
premises that may be constructed on the said Property on Ownership basis and/or
in any other manner at the price or for the amount that the said Attorneys may
think fit and proper. To collect and receive of and from the
acquirers/occupants or purchasers of the premises price and/or consideration as
aforesaid and also to receive and collect or demand the rent and maintenance
charges from the tenants and to sign and execute and/or give proper and lawful
discharge for the said receipts.
14. To
execute from time to time all the writings, agreements, deeds etc. on or in any
other manner of the premises which may be constructed on the said property and
also to execute and sign conveyance, transfer or surrender in respect of the
said property or any part thereof.
15. To sign
and execute the Conveyance or Conveyances or Assignments or any other
assurances in respect of the said property and building/s constructed thereon
or any part thereof in favour of such persons as the said Attorneys shall
determine including in favour of any Co-operative Society Limited Company that
may be formed for the purpose.
16. To take
all necessary steps for the registration of the co-operative society of the
flat owners and other premises purchasers and for that purpose to sign and
execute all necessary applications, papers and writings and represent any
person before the Registrar, Co-operative Societies as and when required to do
so.
17. To
lodge all the documents, writings etc referred hereinabove and/or generally in
respect of the said property for registration as may be required from time to
time before the concerned Sub-Registrar of Assurances and to admit execution
thereof.
18. In general,
to do all acts, things, deeds etc. in respect of the said property as also the
development thereof and/or rights, authorities, benefits directly and/or
indirectly attached to the said premises and which we could do ourselves.
19. AND WE
HEREBY DECLARE that this Power of Attorney is given in favour of the said
Attorneys jointly and severally and accordingly the said Attorneys shall be
entitled to exercise independently of each other the powers conferred upon
them.
20. AND WE
HEREBY AGREE to ratify and confirm whatsoever the said Attorneys shall do in
the premises by virtue of these presents.
21. AND we
hereby declare that the powers and authorities hereby granted are irrevocable
till the said property is fully and properly developed as per the Agreement
with the Developers as per rules and regulations of the Mumbai Municipal
Corporation and the transfer and/or conveyance of the said property in favour
of the ultimate transferee.
22. We
further clarify as under:—
(a) That
the entire development of the said property will be done by the said Developers
at their own cost, risk and efforts without creating any financial burden
and/or any kind of responsibilities upon us; and
(b) That
the said Developers have agreed to indemnify us against all proceedings, claims,
expenses and liabilities whatsoever which may arise upon us by virtue of the
acts of Attorneys under the present Power of Attorney.
IN WITNESS WHEREOF We have
hereunto set out our respective hands at __________ this ____________ day of
____________ Two Thousand ________.
THE SCHEDULE ABOVE REFERRED TO )
(Give detailed description of the subject
property )
SIGNED SEALED AND DELIVERED by the )
With in named (1) _________________________ )
(2) _________________________ (3) ________ )
_________________, and (4) ________________ )
___________________ )
Before me,
Identified by me
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