Power of Attorney
Power of Attorney is a legal document executed by one or more persons giving an authority to one or more persons to act on his or her behalf. Power of Attorney is governed by the Powers of Attorney Act, 1888. The person giving authority is called the attorney of the party giving the authority. The person receiving powers is called Power of Attorney holder. Normally, there is no requirement for registration of Power-of-Attorney. However, if the Power of Attorney creates an interest in any immovable property, then the Power of Attorney must be registered. Power of Attorney can be authenticated before a Registrar or Sub-Registrar within whose district or sub-district the principal resides and in case a Power of Attorney is executed outside of India, it can be authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Counsel or via Counsel or a representative of the Central Government.
BE KNOWN TO ALL BY THESE PRESENTS THAT I,————————– (hereinafter called the EXECUTANT), do hereby appoint, nominate, authorize and constitute ——————————————————————————-as my true legal and lawful General Attorney in respect of my property bearing number————————————————————————————— with the free hold rights of the land under the said flat.
I hereby empower my above named attorney to do the following acts, deeds and things in my name and on my behalf:-
1. To Manage, Control and supervise the aforesaid flat in all respect, to sign the Sale Deed and to get the same registered with the Registration Authorities. She can sign all kinds of forms/affidavit/undertakings documents etc. which are necessary on my behalf. She can also obtain supplemental rectification Deed for this flat in due course.
2. To enter into sale agreement, to receive earnest money, part payment if any and to execute the said sale agreement and receive final consideration amount in his own name.
3. To execute the Sale Deed, sign, verify and present the same for registration in the office of the Sub Registrar, Delhi to admit its execution, to receive the sale consideration, give statements and do all other acts deeds and things which are necessary for the same.
4. To apply and obtain the necessary sale permission through the NO OBJECTION CERTIFICATE from the concerned departments.
5. To enter into Rent Agreement in respect of the aforesaid flat or its part, to execute Rent Agreement, to receive advance, to receive security, to issue rent receipt, to deliver possession to get the tenant evicted through the process of law or by negotiation, to take back possession of the aforesaid flat.
6. To obtain permission for selling this flat from the competent Authority in his favour or his nominee and fulfill necessary formalities in this regard.
7. To sign all kinds of prescribed forms/affidavit/undertaking/ document on my behalf.
8. To get the aforesaid flat transferred and mutated in the record of the concerned authority.
9. To execute a WILL regarding this flat in favour of any person of his choice. In that the WILL executed by me regarding this very flat shall be deemed to have been cancelled/withdrawn.
10. To submit a building plan for additional and alterations on the said flat and to submit necessary estimates etc. for the purpose.
11. To deposit House Tax, Electricity and Water Charges or any other dues and demands to the concerned authority.
12. For any of the aforesaid purposes, to do the following acts deeds and things under his own signatures:
(a) To reply to the letters and notices, to make correspondence, to make representations, to make petitions.
(b) to sign, execute submit and present forms etc.
(c) to sign, submit and execute affidavits declarations, indemnity Bonds, Surety, Bonds, undertakings, No objection etc.
(d) To produce documents and to give statements.
13. To execute, sign and present all kinds of suits, plaints complaints, Appeals, Revision, Statement, Applications, in connection with the aforesaid flat and its management.
14. To proceed with the conduct of all court proceedings for this flat and its management and appoint an advocate for the purpose.
15. To compromise compound or withdraw court cases, to appoint architectures to proceed with arbitration proceedings, to engage lawyers, to deposit and withdraw money, to execute decree, to receive and recover the decreed amount, issue receipts and to take necessary steps for the purpose.
16. To appoint anyone else as further General Attorney with such power as are considered necessary by his for this flat and to delegate all these powers on the said attorney.
17. I admit that this General Power of Attorney shall remain irrevocable under all circumstances.
18. I, the Executant have also executed an Agreement to sell in respect of the said flat and on the request of the said purchaser. I have executed a General Power of Attorney in favour of the said ——————————so as to conclude the sale after the registration of Conveyance Deed of the said flat in his favour or in favour of his nominees and I also hereby ratify and confirm that all acts, deeds and things done by the said Attorney for this flat shall be binding on me in all respects.
IN WITNESS WHERE OF I have executed this General Power of Attorney at New Delhi on this—————day of —————————————————in the presence of the following witnesses.
HO : KOTTAYAM-KADUTHURUTHY
BR : KOTTAYAM- CEMENT JUNCTION
Real estate cunsulting officials at U.S.A. (Texas & Newyork) & Bombay