Power Of Attorney In Partition Proceedings 323 - Legal Draft
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Power-of-Attorney in partition Proceedings
KNOW ALL MEN BY THESE PRESENTS THAT I,.................................. Aged about ............ residing at..............................................SEND GREETINGS.
Whereas the A.B. is the Owner of .......................... one-half of the estate and effects of Shri .................................., who died intestate, leaving as his successors and heirs: .............................. and .......................... (Respondents)
AND whereas the A.B. has now instituted proceedings against the said Respondents for the partition and allotment of his .................. share in the said property;
AND whereas due to the Old aged the A.B. is not in a position to prosecuting the said partition proceedings;
Now these presents witness that in consideration of the premises the A.B. hereby nominate, constitute and appoint Mr..........................., aged about................ Residing at ............................ as his true and lawful attorney for him, in his name and on his behalf for the purpose hereinafter mentioned:
1. To enter into any covenants, restrictive or otherwise, to enter upon the premises, and to take delivery of the same. and represent the A.B. in the said proceedings and to take all such and other steps as may be necessary for the prosecution and effectual termination thereof.
2. To take action for the purpose of ensuring the due performance of any award or decree which may be eventually passed in the said proceedings, and to do all such other acts and things as the said attorney shall deem fit.
3. And also to settle, adjust, compound and compromise, withdraw, all proceedings, accounts, claims and demands whatsoever, which now are, or hereafter shall be, depending between the said Donor and the said Defendants in such manner as the said attorney shall deem fit.
The A.B. do hereby declare that all Acts, Deeds and things legally done or executed by the said attorney shall be deemed to be act, deeds and things done by me. The A.B. also bind myself to rectify and confirm all and whatever is done or lawfully caused to be done for me on account of power given by this presents.
IN WITNESS WHEREOF, signed by me, this,............................. day of............ 20....
Signed and delivered in the presence of
Witnesses :-
Whereas the A.B. is the Owner of .......................... one-half of the estate and effects of Shri .................................., who died intestate, leaving as his successors and heirs: .............................. and .......................... (Respondents)
AND whereas the A.B. has now instituted proceedings against the said Respondents for the partition and allotment of his .................. share in the said property;
AND whereas due to the Old aged the A.B. is not in a position to prosecuting the said partition proceedings;
Now these presents witness that in consideration of the premises the A.B. hereby nominate, constitute and appoint Mr..........................., aged about................ Residing at ............................ as his true and lawful attorney for him, in his name and on his behalf for the purpose hereinafter mentioned:
1. To enter into any covenants, restrictive or otherwise, to enter upon the premises, and to take delivery of the same. and represent the A.B. in the said proceedings and to take all such and other steps as may be necessary for the prosecution and effectual termination thereof.
2. To take action for the purpose of ensuring the due performance of any award or decree which may be eventually passed in the said proceedings, and to do all such other acts and things as the said attorney shall deem fit.
3. And also to settle, adjust, compound and compromise, withdraw, all proceedings, accounts, claims and demands whatsoever, which now are, or hereafter shall be, depending between the said Donor and the said Defendants in such manner as the said attorney shall deem fit.
The A.B. do hereby declare that all Acts, Deeds and things legally done or executed by the said attorney shall be deemed to be act, deeds and things done by me. The A.B. also bind myself to rectify and confirm all and whatever is done or lawfully caused to be done for me on account of power given by this presents.
IN WITNESS WHEREOF, signed by me, this,............................. day of............ 20....
Signed and delivered in the presence of
Witnesses :-
EXECUTOR
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