By This Power of Attorney I, BD, son of EF, residing at ………………………… do hereby constitute and appoint Mr. XY of ……………………………. as my Attorney in my name and on my behalf make perform execute all or any of the several acts, deeds, powers, authorities, matters and things stated herein.
Whereas I am seized and possessed of a piece of land measuring about ……………. and structures thereon being premises no. ……………………… and briefly described in the Schedule hereunder.
And Whereas by an agreement dated ……………… executed by and between me and the said Attorney I have entrusted the said Attorney the said premises for developing the same and after demolition of the existing structure to build a multistoried building with dwelling units or flats on ownership basis and I have given possession thereof to the Attorney upon the terms and conditions contained therein.
And Whereas by an Agreement I have agreed to execute a Power of Attorney in his favour which I hereby do.
NOW THESE PRESENTS WITNESSETH as follows:
a. To negotiate with the tenants in the existing buildings for the purpose of vacating the portions in their occupation by giving them alternative accommodation and to allot them similar accommodation in the new building to be constructed and to sign and execute the necessary documents and register the same with the Registering authority and, if necessary, to take all legal proceedings for evicting any occupier.
b. to prepare plans for development of the said property and construction of the new buildings thereon,
c. to submit the same to the concerned authorities to get the plan sanctioned.
1. To obtain permission or approval form other authorities as may be required for the development and construction of the said new building in accordance with the said Agreement and for that purpose to sign such applications, papers, writings, undertakings, appeal etc. as may be required in relation to the said property, development and constructions.
2. To enter upon the said property with men and material as may be required for the purpose of development work and for that purpose to demolish the existing building and structures standing thereon and erect new buildings, structures etc. as per the plan to be sanctioned, and to remove the debris and other materials of type demolished structure , and dispose of the same in the manner the Attorney may think fit.
3. To appoint Architects, Contractors, Sub-contractors and Surveyors as may be required and to supervise the development work in respect of the said new contraction of the proposed buildings and structures on the said property in accordance with the plans to be sanctioned and specifications agreed to and/or sanctioned.
4. To apply for modifications of the Building Plans from time to time as may be required in relation to the construction of the said new buildings on the said property.
5. To approach the concerned authorities for the purpose of obtaining the permissions and other service connections including water and electricity for carrying out and completing the development of the said property and construction of the new buildings.
6. To make deposits with the concerned authorities for the purposes of obtaining the permissions and other service connections including water and electricity for carrying out and completing the development of the said property and construction of the new buildings.
7. After completion of the said construction on the said property to apply for and obtain Occupation and Completion Certificate in respect of the said buildings or parts thereof from the concerned Municipality.
8. To enter into agreements for sale or lease of the Developer’s Allocation or any part thereof with such persons and on such terms and conditions as the said Attorney may think fit and proper but subject to the conditions contained in the said agreement.
9. To apply for and obtain on my behalf Tax Clearance Certificates under Section 230-A of the Income-tax Act, 1961 for the purpose of Registration of the Conveyance, lease and /or other documents of transfer in respect the said property, buildings flats, space that may be executed by the said attorney.
10. To sell and dispose off all or any of the flats, space or parking space from within the Developer’s Allocation on such terms and for such consideration as the Attorney may think fit and proper and to do all things necessary in relation thereto.
11. To execute from time to time agreements for sale on ownership basis of such flats, shops, garages, spaces, conveyances in respect of the said new constructed buildings but in relation to the Developer’s Allocation or portions thereof and present the documents for registration and admit the execution of such documents before the appropriate authority.
12. To insure the said property, buildings and fittings and fixtures against damages, fire, tempest, riots, civil commotion, floods, earthquake, bomb blasts, malicious damages for destruction and against other risks as the Attorney may think sufficient to protect the interest of all concerned therein.
13. To ask for, receive and recover from all the purchaser of flats on ownership basis and other occupies whatsoever all rents, charges, profits, emoluments, services charges and other charges and sums of moneys now due or owing and payable or at any time hereafter to become due, owing and payable in respect of the said property, buildings, flats spaces in any manner whatsoever and also on non-payment thereof to enter upon and restrain and/or take legal steps for the recovery thereof to enter upon and restrain and/or take legal steps for the recovery thereof as the Attorney may think fit.
14. To accept any service of Writ or Summons or other legal process for me and/or in my name and to appear in any Court to authority as my Attorney and to commence any action or legal proceedings in any Court or before any Authority and to prosecute, discontinue or become non-suited and to settle, compromise or refer any dispute to arbitration as the said Attorney may think fit and proper and for such purposes to appoint any Solicitor, Advocate, Lawyer in my name or in the name of the Attorney and pay the costs, Advocate, Lawyer in my name or in the name of the Attorney and pay the costs, expenses, fees and other outgoing.
15. GENERALLY to do and perform all acts, deeds, matters and things necessary and convenient for all or any the purposes aforesaid and for giving full effect to the powers and authorities hereinbefore contained as fully and effectually as I could in person do.
16. I hereby declare that this Power of Attorney is given in favour of the said Attorney for the purposes of development of the said property, construction of the said new buildings, allocation of Owner’s Allocation of the buildings, sell or disposal of Developer’s Allocation and for such other acts and things as mentioned herein I agree to ratify and confirm whatsoever the said Attorney shall do in the premises by virtue of these presents.
17. I hereby declare that the powers and authorities hereby granted and conferred on the Attorney are irrevocable till the said property is full and properly developed as per the said Agreement, the concerned rules and regulations and the allotment of Owner’s Allocation and Developer’s Allocation and the transfer or conveyance of Developer’s Allocation or any part thereof in favour of the ultimate transferee or allottee or occupier
IN WITNESS WHEREOF we have hereunto set our hands at New Delhi this ……… day of …………..
THIS SCHEDULE ABOVE REFERRED TO
Signed and delivered by
Mr. BD (BD)
In the presence of