Power of Attorney by Landlords in Favour of Developers (India) by OLL
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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 is an irrevocable legal instrument that transfers administrative and representative authority from a landowner to a developer. It is not a sale deed but contains the power to execute a conveyance once development is complete. It specifically includes provisions for dealing with the Urban Land Ceiling Act and Income Tax clearances.
When should you use it?
Use this when a landowner has signed an agreement for sale and handed over possession, but the developer needs legal authority to start construction and sell flats. Use a General Power of Attorney if the relationship is not based on a specific development and sale agreement.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Urban Land Ceiling Permissions | Authorises the Attorneys to apply for exemptions and permissions under the Urban Land (Ceiling and Regulation) Act 1976. |
| 3 | Sanction of Plans | Permits Attorneys to prepare and submit layouts and designs to the Municipal Corporation for building construction approval. |
| 5 | Construction and Compliance | Requires the Attorneys to complete construction at their own cost while strictly observing Town Planning and Municipal regulations. |
| 25 | Mortgage Rights | Grants the Attorneys power to mortgage the property to banks or financial institutions for the purpose of obtaining loans. |
| 32 | Sale and Conveyance | Empowers Attorneys to execute and register final conveyance deeds in favour of themselves, nominees, or co-operative societies. |
| 42 | Irrevocability | Establishes that the power remains irrevocable until development is complete and all third-party flat possessions are delivered. |
Who it's for
- landowners in India who have executed an agreement for sale with a developer
- developers requiring authority to represent landlords before the Bombay Municipal Corporation
- property owners needing to grant construction and mortgage powers to a purchaser before final sale
How long it runs and how it's signed
Law it's drafted under
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