Power of Attorney for Development of Property by the Owner
To All To
Whom These Presents Shall Come, I Mr............... residing at ................
Whereas I am the
owner of an immovable property consisting of a plot of land with old building
thereon and which is more particularly described in Schedule hereunder written.
And Whereas I propose
to develop the said property by demolishing the existing building and
constructing thereon a new building with flats and other premises therein and
intended to be sold on ownership basis, so that ultimately after the property
is fully developed I will transfer the property to a Co-operative Housing
Society to be formed by the Purchasers of flats and other premises therein.
And Whereas I am
unable to attend to all the matters necessary to develop and carry on such
development work due to my other occupations.
And Whereas I,
therefore, propose to appoint (1) Mr... and (2) Mr... and (3) Mr... who are the
partners of the partnership firm of M/s A B & Co. and who have agreed to carry
on the work of development on the terms of an agreement entered into by me with
the said firm. as my attorneys or agents with full power to develop the said
property as hereafter stated on my behalf and in my name and which the said
attorneys have agreed to do.
NOW KNOW YOU ALL AND
THESE PRESENTS WITNESSES that I Mr... hereby appoint and constitute the said
(1) ... (2)... and (3) ....... jointly and severally to be my true and 'lawful
attorneys with full authority and power to do and execute all acts, deeds and
things mentioned below, for me and on my behalf and in my name viz.
1.
To
apply to the Competent Authority under the Urban Land (Ceiling &
Regulation) Act. 1976 for grant of permission to develop the said property by
demolishing the existing structure thereon and constructing a new building in
Its place as required by section 22 of the said Act and for that purpose to
sign all applications and other papers, to appear before the Competent
Authority and to give him all the papers and Information as required and to do
all acts and things necessary for the purpose of obtaining permission u/s 22 of
the said Act.
2.
To
appoint an architect and to get the plans of the proposed building sanctioned
by the Municipal Corporation of ... and other authorities concerned in respect
of the new building proposed to be constructed thereon, so as to exhaust the
full F.S.I. which is available on the said property under the present
development rules, provided the plans, before they are submitted to the
Municipal Corporation for approval, are also approved by me.
3.
To
make necessary applications and sign all papers, to appear before the Municipal
Authorities. to pay necessary fees and premium required for getting the plans
sanctioned and to do all other acts and things as may be necessary for getting
the plans of the proposed building sanctioned by the Municipal and other
authorities.
4.
To
apply for and obtain I.O.D. and Commencement Certificate for construction of
the building from the Municipal Authorities and for that purpose to sign
applications and other papers, to pay necessary fees and all other acts and
things necessary for that purpose and in that behalf.
5.
After
the N.O.C. u/s 22 is obtained and the municipal plans are ,sanctioned to
demolish the existing building or structure/s on the said property and to
remove all the other material therefrom, and to sell such building material
like steel and cement at the best price available and to pay the sale proceeds
to me.
6.
To
construct a building on the said plot as per the sanctioned plans and according
to specifications and other requirements of the Municipal Corporation and for
that purpose to employ contractors. architects, structural engineers, surveyors
and other professionals as may be required in the construction of the building.
7.
To
enter into and sign and contract with the contractor or contractors for
construction as well as contractors for labour and to sign such agreements.
8.
To
enter upon the said property as my licensee for the purpose of carrying on the
construction work as aforesaid.
9.
To
apply for and obtain permission for water supply, electricity supply, laying
down drainage and for other amenities as are generally required for a building.
10.
To
obtain occupation and completion certificate from the Municipal Corporation
after the building is completed in all respects.
11.
To
sell the flats and other premises in the said building at the best price
available to, the intending purchasers thereof and to enter into agreements in
the prescribed form if any under the Ownership Flats Act, or otherwise with
such modifications therein as may be necessary.
12.
To
open an account with any Bank in my name or in the names of the said attorneys
and to credit all the sale proceeds in respect of the flats and other premises
received by the attorneys in the said account to withdraw from such account
such monies as may be required from time to time for meeting the cost of
construction.
13.
After
all the flats and other premises are sold and monies realised and all the
expenses are also incurred, to hand over the balance of the said proceeds of
the flats and other premises to me.
14.
To
get a co-operative housing society of the flat purchasers in the said new
building registered under the Co-operative Societies Act and for that purpose
to get necessary forms, applications signed by all the purchasers of flats and
other premises and to file the same with the Registrar of Co-operative
Societies and to do all other acts and things necessary for registration of the
society and to obtain registration certificate.
15.
To
engage any advocate or solicitor for the purpose of taking advice and for
preparation and execution of different documents required to be executed
pursuant to these powers and to pay their fees.
16.
To
pay all the municipal and other taxes relating to the said property payable
until the completion of the building and transfer thereof to the proposed
Co-operative Housing Society.
17.
To
do generally all other acts and things as are necessary or seem to be required
to be done for the development of the said property by constructing a building
on flat ownership basis in all respects.
18.
I
agree to ratify all acts and things lawfully done by the said attorneys by
exercise of the powers herein contained.
IN WITNESS WHEREOF I,
Mr... have put my hand this the ... day of... 2000
THE SCHEDULE ABOVE
REFERRED TO
Signed and delivered
by the withinnamed Mr...
in the presence of
...
BEFORE ME.