Power of Attorney for
Sanction of Building Plans Etc.
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
..................
