Power of Attorney by Landlords in Favour of Developers
Know All Men By These Presents we (1) ......................... (2) ............................ (3) ............................ (4) ....................... resident of ..........................
Whereas we are absolutely seized and possessed of or otherwise well and sufficiently entitled to a piece of land situated at ............................................... and, more particularly described in the Schedule I hereunder written.
And Whereas by an agreement for sale dated ............................. executed by us as ourselves of the ONE PART and Shri .............................. and Shri .......................... as purchasers of the OTHER PART, we have agreed to sell a portion of the said land admeasuring ................... sq. meters, hereinafter referred to as the said property, more particularly described in the Schedule I hereunder written.
And Whereas in pursuance of the said Agreement for sale, we have handed over the possession of the said property to the purchasers on .......................... which they have accepted and now the purchasers are in lawful possession of the said property.
AND WHEREAS the purchasers have requested us to grant Power of Attorney in their favour to enable them to set the plans sanctioned by the Bombay Municipal Corporation and other appropriate authority and to start construction on the said land and to do all other acts and things, which we have agreed to do.
NOW KNOW YOU ALL AND THESE PRESENTS WITNESS THAT we (1) ................. (2) ....................... (3) .................... (4) .............: do and each of us doth hereby nominate, constitute and appoint (1) Shri ............... and (2) ......................... hereinafter referred to as our Attorney, to be our true and lawful attorneys in our name and on our behalf to do jointly or severally all and/or execute all or any of the following acts, deeds, matters and things for us and on our behalf and in our names viz.
1. To develop and sell the buildings consisting of flats for residential purpose in the said property.
2. To apply, for permission/exemption from the Competent Authority, the State of _________ and/or any other authority/ authorities under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (for brevity ULC&R Act) and for the permission and/or sanction for development of the said property under the provisions of ULC&R Act, and for that purpose to make any declarations, sign forms in our name and on our behalf as our Attorney(s) shall deem fit and proper also to appear before appellate authorities under the said ULC&R Act and/or State Government in connection with the permission for transfer of the said property as also development of the said property as aforesaid and generally to do various acts, deeds, matters and things connected with the matters relating to ULC&R Act in the manner our said Attorney(s) may deem fit and proper and conducive in connection with all matters pertaining to Urban Land Ceiling clearance.
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About this template
What is this template?
This document is a specific power of attorney used in the Indian real estate sector to facilitate joint development projects. It is not a general power of attorney; it is strictly limited to the development and sale of a specific parcel of land. It includes specific provisions for dealing with the Municipal Corporation and the Sub-Registrar of Assurances.
When should you use it?
Use this when a landowner and developer have signed a Joint Development Agreement and the developer needs the legal capacity to act on the landowner's behalf for government approvals. If the developer is only managing the site without sale rights, use a Project Management Agreement instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | GRANT OF POWERS | Authorises the Developer to apply for building permits and represent the Landlord before the Municipal Corporation and other Indian local authorities. |
| 3 | DEVELOPMENT AND CONSTRUCTION | Permits the Developer to appoint architects, structural engineers, and contractors to carry out construction on the designated Land. |
| 5 | FINANCIAL AND LEGAL ACTS | Empowers the Developer to open bank accounts and sign lease or sale agreements for the developed units on behalf of the Landlord. |
| 8 | REGISTRATION AND STAMP DUTY | Obliges the Developer to present the document for registration before the Sub-Registrar of Assurances and pay applicable Indian stamp duties. |
| 10 | INDEMNITY | The Landlord remains protected against claims arising from the Developer's actions or omissions during the development process. |
Who it's for
- an Indian landowner entering into a joint development agreement with a construction firm
- a developer requiring legal authority to obtain municipal sanctions for a residential project
- parties needing to register a development-linked power of attorney in an Indian sub-registry
How long it runs and how it's signed
Law it's drafted under
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