A Power of Attorney is executed where the donor cannot perform a certain act(s). Thus the donee acts on behalf of the donor for the act specified by the POA. There are different types of Power of Attorney for different purposes, including General POA, Special POA, Durable POA, Non-durable POA, Medical POA, etc.
Here we will focus on the Power of Attorney format.
FORMAT OF GENERAL POWER OF ATTORNEY FOR PROPERTY
TO ALL TO WHOM …………….
I ………., Son/Daughter of …………………., aged ...….., R/o …………………………..
Whereas I am the owner of immovable properties in India described in Schedule I hereto.
And Whereas I am currently residing out of India as above mentioned for the time being. I am personally unable to undertake the activities concerning my immovable property and to do all other incidental acts in such regard.
And Whereas I have decided to appoint Mr…………. to be my lawful attorney to do and execute the following acts and deeds on my behalf and which the said attorney has agreed to do.
NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that I do hereby appoint the said Mr…………...... as my true and lawful Attorney with full authority to do and execute all acts, deeds, and things as hereinafter mentioned on my behalf namely,
1. To purchase, take on lease, to take charge/mortgage on and to acquire in any manner and to sell, mortgage, settle, charge, lease, grant tenancy or otherwise transfer and/or in any manner on any terms dealing with any immovable property/(ies).
2. To hold, manage and maintain immovable properties described in Schedule 1 herein.
3. To demand/receive/recover rents, maintenance charges, electricity charges, taxes, and all other sums of money receivable in respect of my immovable properties and to take all necessary steps whether by action or otherwise to recover any sums of money in arrear or any property.
4. To pay all taxes, rates, charges, expenses, and other outgoings whatsoever payable for or on account of my properties or any part thereof.
5. To insure any buildings thereon against loss or damage by fire and other risks as be deemed necessary.
6. To undertake the action necessary to take down, demolish, rebuild, and/or repair the immovable property.
7. To apply registration for and obtain electricity, gas, water, and/or other utility connections and/or to make alterations/ close down/disconnect such utilities in my properties.
8. To enter upon any of my property or any part of it as often as to be desired to view the state of repair thereof and to require any occupier as a result to remedy any want of restoration.
9. To prohibit and warn off and take any necessary action as per law against the trespassers on any of my property as to abate all nuisances.
10. To appoint architects and contractors for the construction of building/(s) to be constructed on the plots belonging to me and to obtain and take other necessary actions for obtaining steel, cement, bricks, and other construction materials/equipment.
11. To appear and represent in any proceedings necessary for fixation of rent and/or for any other purpose or purposes before any court, Rent Controller, or other authority in connection with any matter relating to and/or arising out of any of my immovable property.
12. To prepare, sign, declare and file declarations, applications, statements, returns, and otherwise in connection with the holding, possessing, acquiring, transferring, or otherwise dealing with any of my immovable property before any appropriate authority as may be required under any law or laws.
AND I .................. do hereby undertake to ratify whatever the Attorney may lawfully do by virtue of these presents.
IN WITNESS WHEREOF, ……………………..
The Schedule I above referred to
Signed and delivered by the within named
.................
WITNESSES;
1.
2.
Before me
(…………..)
Advocate Notary Public