General Power of Attorney for Property - Template Form Pro · IN-law

GENERAL POWER OF ATTORNEY FOR PROPERTY

(Executed in accordance with the Powers of Attorney Act, 1882, the Indian Contract Act, 1872, the Registration Act, 1908 and the Indian Stamp Act, 1899 / applicable State Stamp Law)

This Deed of General Power of Attorney for Property (this "Power of Attorney") is made and executed on this ________ at ________, ________.

BE IT KNOWN TO ALL TO WHOM THESE PRESENTS SHALL COME THAT:

I, ________, son/daughter/wife of ________, aged about ________ years, holding PAN ________ and Aadhaar/Passport No. ________, resident of ________ (hereinafter referred to as the "Principal" or "First Party", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include the Principal's legal heirs, executors, administrators, successors and permitted assigns) of the ONE PART;

do hereby nominate, constitute and appoint:

________, son/daughter/wife of ________, aged about ________ years, holding PAN ________ and Aadhaar/Passport No. ________, resident of ________ (hereinafter referred to as the "Attorney" or "Second Party", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include the Attorney's legal heirs, executors, administrators, successors and permitted assigns) of the SECOND PART; as my true and lawful Attorney to execute and/or do all or any of the acts, deeds, matters and things hereinafter mentioned, in my name and on my behalf, in respect of the property hereinafter described.

WHEREAS:

(A) I am the sole and absolute owner, in lawful, peaceful and uninterrupted possession and enjoyment, of the following immovable property, namely: ________, admeasuring ________ square metres, situated at ________, and more particularly described in the Schedule hereunder written (hereinafter referred to as the "Property").

(B) I acquired the Property by and under a registered Sale Deed dated ________, registered as Document No. ________ in the office of the Sub-Registrar of Assurances at ________, and my title thereto is clear, marketable and free from all reasonable doubts, encumbrances and claims.

(C) I am presently residing at ________ and, being ordinarily resident outside the State/India, I am unable to personally attend to, look after, manage and maintain the Property and the day-to-day affairs connected therewith in an effective manner. I am therefore desirous of appointing the Attorney to act for and on my behalf in respect of the Property on the terms set out herein.

(D) The Attorney has consented to act as my Attorney and to discharge the duties and obligations of an agent under the Indian Contract Act, 1872.

NOW KNOW YE ALL AND THESE PRESENTS WITNESS THAT I, ________, the Principal, do hereby nominate, constitute and appoint the said Attorney as my true and lawful Attorney, to do, execute and/or cause to be done or executed, in my name and on my behalf, all or any of the following acts, deeds, matters and things in respect of the Property, namely:

1. To hold, take, defend, protect and retain peaceful possession of the Property, and to manage, repair, maintain, improve and develop the Property and all rights appurtenant thereto.
2. To apply for, obtain, secure, transfer and discontinue electricity, water, drainage, sanitary, telephone and all other amenities, connections and facilities, whether temporary or permanent, in respect of the Property from the concerned authorities, and for the said purposes to sign, execute and submit all letters, applications, undertakings, declarations, indemnities and agreements as may from time to time be necessary or required.
3. To insure and keep insured the Property against fire, flood, earthquake and other risks as may be necessary and prudent, and to pay the premia for such insurance policies and to receive and grant valid discharge for any claims thereunder.
4. To pay all taxes, rates, cesses, assessments, charges, dues, expenses and other outgoings payable in respect of the Property to any municipal corporation, local authority, revenue authority or other body, and to obtain receipts and discharges therefor.
5. To prepare, sign, verify and file declarations, statements, applications, returns and forms in connection with the holding, dealing with, managing and maintaining of the Property as may be required before any Government, statutory, municipal, revenue or other authority.
6. To represent me and act on my behalf before any Government department, municipal corporation, local authority, revenue authority, town planning or urban development authority, and the Registrar or Sub-Registrar of Assurances, and to sign, execute, present for registration and admit execution of any deeds, documents, writings or instruments in respect of the Property under the Registration Act, 1908, as may be necessary and proper.
7. To receive, recover and collect rents, profits, income, mesne profits and other dues payable in respect of the Property from any tenant, lessee, licensee, occupant or other person, to grant valid receipts and discharges for the same, and to let, lease or license the Property on such terms and conditions as my said Attorney may think fit and proper, subject to applicable law.
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9. To apply for and avail loans or financial assistance from any bank, financial institution, co-operative society or other lender for the development, betterment, preservation or improvement of the Property, and for the said purpose, with the Principal's prior written consent, to mortgage, deposit title deeds in respect of, or create a charge over, the Property as security for the due repayment of such loan.
10. To execute, sign, acknowledge, present for registration and issue all necessary documents, deeds, papers and writings (including, without limitation, mortgage deeds, deeds creating a charge, bond letters and memoranda of deposit of title deeds) as may be necessary for securing or availing such financial assistance or loan referred to in the preceding clause, subject to the Principal's prior written consent.
11. To appoint, engage, supervise and discharge caretakers, managers, agents, contractors, security personnel and other persons for the management, upkeep and security of the Property, and to determine and pay their remuneration.

GENERALLY, to do, execute and perform all such acts, deeds, matters and things whatsoever which my said Attorney shall lawfully do, execute or perform in the exercise of the powers, authorities and liberties hereby conferred under and by virtue of this Power of Attorney, as fully and effectually as I myself could do if personally present.

FURTHER GENERALLY, to do all such acts, deeds, matters and things as may be incidental or conducive to the foregoing and as my said Attorney shall consider necessary, fit and proper for the proper management and protection of the Property, notwithstanding that no express power or authority in that behalf is hereinabove provided.

POWER TO SUBSTITUTE: For effectively performing and executing all the acts, deeds, matters and things aforesaid, I hereby further grant unto my said Attorney full power and authority to substitute and appoint, on such terms as the Attorney shall think fit, one or more attorney(s) to exercise all or any of the powers and authorities hereby conferred, and to revoke any such appointment and to substitute or appoint any other person in place of such substituted attorney from time to time as my said Attorney shall think fit and proper.

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NATURE OF AUTHORITY: It is expressly clarified and agreed that this Power of Attorney is executed for the purpose of management and administration of the Property only, does not effect any transfer, conveyance, assignment or extinguishment of my title to or interest in the Property in favour of the Attorney, and shall not be construed as an instrument of sale or transfer for the purposes of Section 53A of the Transfer of Property Act, 1882 or otherwise.

CONSIDERATION: This Power of Attorney is executed ________ (state whether without consideration / for natural love and affection / for consideration), the Attorney being ________ of the Principal.

REVOCATION: Save where this Power of Attorney is expressed and intended to be irrevocable for valid consideration under Section 202 of the Indian Contract Act, 1872, the Principal reserves the right to revoke this Power of Attorney at any time by written notice to the Attorney and by recording such revocation with the office of the Sub-Registrar where this instrument is registered, and shall give public notice of such revocation.

VALIDITY AND DURATION: This Power of Attorney shall come into force on the date of its execution and shall remain valid and subsisting until ________, unless sooner revoked, determined by death, insolvency or unsoundness of mind of the Principal, or otherwise terminated in accordance with law.

GOVERNING LAW AND JURISDICTION: This Power of Attorney shall be governed by and construed in accordance with the laws of India, and the courts at ________ shall have exclusive jurisdiction in respect of any matter arising out of or in connection herewith.

STAMP DUTY AND REGISTRATION: This instrument has been stamped with the appropriate stamp duty under the Indian Stamp Act, 1899 / the applicable State Stamp Law and is presented for registration, where required, before the Sub-Registrar of Assurances.

THE SCHEDULE ABOVE REFERRED TO
(Description of the Property)

All that piece and parcel of ________ admeasuring ________ square metres, bearing Survey/Plot/Door No. ________, situated at ________, and bounded as follows:

On or towards the North by: ________
On or towards the South by: ________
On or towards the East by: ________
On or towards the West by: ________

IN WITNESS WHEREOF, I, the Principal, have executed this Power of Attorney on the day, month and year first hereinabove written, in the presence of the witnesses who have subscribed their names hereto.

Signature / Thumb Impression of the

EXECUTANT / PRINCIPAL

_______________________

________

I, the Attorney named above, hereby accept the appointment and the powers conferred upon me by this Power of Attorney.

_______________________

________ (Attorney)

IN THE PRESENCE OF:

Witness 1:

_______________________

Name: ________
Address: ________
Signature: ________

Witness 2:

_______________________

Name: ________
Address: ________
Signature: ________

BEFORE ME

Registered/Attested before the Sub-Registrar / Notary Public at ________ on this ________.

Name and Seal of Notary Public / Registering Officer: ________
Registration/Notarial Reference No.: ________