Power Of Attorney For Development Of Property By And In Favour Of Developers Legal Draft Template

To All to Whom These

Presents Shall Come, we Mr... and Mr... residing at ... -Whereas we (1)... and

(2)... are the owners of an immovable property consisting of a plot of land

situated at ... and which is more particularly described in the Schedule

hereunder written and is held by us, being within ceiling limit.And Whereas we have

agreed to sell the said land to M/s A B & Co. by an agreement bearing date

... with a right to develop the said land by constructing thereon a new

building with flats and other premises therein on ownership basis, before the

sale or transfer Is completed in favour of the said Developers or their

nominees including a co-operative housing society or limited company that may

be formed by the purchasers of flats and other premises therein, as the said

Developers may desire and which they have agreed to do on their own account and

at their own risk.And Whereas as the

said land will continue to be of our ownership until the Deed of Transfer is

executed, the Developers have requested us to execute a power of attorney in

favour of their nominee or nominees and they have nominated Mr... and Mr... for

this purpose.And Whereas we,

therefore, propose to appoint the said Mr... and Mr... as our Attorneys or

agents with full power to do and execute the following acts, deeds and things,

on our behalf and in our names and which the said attorneys have agreed to do.NOW THEREFORE KNOW

YOU ALL AND THESE PRESENTS WITNESS that We Mr... and Mr... hereby jointly and

severally appoint the said Mr... and Mr... to be our true and lawful attorneys

with full authority and power to do and execute jointly and severally all acts,

deeds and things mentioned below for us and on our behalf and in our names viz.1.

To

apply to the Competent Authority under the Urban Land (Ceiling &

Regulation) Act. 1976 for grant of permission under sections 20121 or 22 of

that Act if any required to develop the said land by constructing a new building

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 such permission.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 buildings proposed to be constructed thereon.3.

To

prepare the building plans with the help of the Architect for the new building

proposed to be constructed on the said land under the present development

rules.4.

To

make necessary applications to 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.5.

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 do all other acts and

things necessary for that purpose and In that behalf.6.

To

appear before any officer or authority of the Govt. or Municipal Corporation or

under the Urban Land (C&R) Act, 1976 or under the Income Tax Act or any

other Act, to represent the matters regarding the proposed development of the

said land.7.

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.8.

To

obtain occupation and completion certificate from the Municipal Corporation

after the building Is completed in all respects.9.

To

pay any deposits and pay moneys required to be deposited with the Municipal and

other authorities for getting the plans sanctioned and for getting any water or

electric and other conveniences necessary and to withdraw such deposits which

are refundable.10.

To

execute the deed of conveyance in respect of the said plot of land in favour of

such person as the said Developers may desire including a Co-operative housing

society or limited company and to do all other things required to complete the

transfer of the said land on our behalf.11.

If

any legal proceedings are required to be taken In connection with the work of

development or to assert or establish our right of ownership to the said land

or if any legal action is taken against us in connection with the said plot or

proposed construction, to prosecute and defend such legal proceedings and for

that purpose to sign, declare and file all pleadings, affidavits, applications

and other papers. to engage advocate or advocates and to file one or more

appeals against any decision and to do all acts and things required to be done

in that behalf12.

To

pay all the municipal and other taxes relating to the said property payable

until the completion of the building.13.

To

get a co-operative society of the flat purchasers in the said 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.14.

To

do generally all other acts and things as are necessary or are required to be

done for the development of the said property by constructing a building on flat

ownership basis, in all respects in terms of the said agreement.AND we agree to

ratify all acts and things lawfully done by the said Attorneys by exercise of

the powers herein contained. AND we declare that this power of attorney Is

given on condition that all the expenses required to be incurred In exercising

any of the powers given hereinabove will be the responsibility of the said

attorneys or the developers and we will not be responsible for the same.THE SCHEDULE ABOVE

REFERRED TO:IN WITNESS WHEREOF

We, Mr... and Mr... have put our hands this the ..... day of... 2000.Signed and delivered

by the withinnamed 1) Mr ... 2) Mr ...In the presence of

...BEFORE ME.Identified by me.