Power of Attorney to Obtain Letters of Administration (India)

Power of Attorney to Obtain Letters of Administration

To All to Whom These Presents Shall Come 1 Mr. ... residing at ...

Whereas I am at present residing and serving in .……………….

And Whereas my father the late Mr. ... died in India on or about the ... day of ... intestate leaving me as his only heir according to law applicable.

And Whereas it has become necessary to apply for and obtain Letters of Administration to the estate of my father from a competent Court in India in order to realise the estate of my father.

And Whereas as I am unable to do so personally because of my staying outside India, I propose to appoint Mr. ... to he my true and lawful attorney to apply for and obtain Letters of Administration to the estate of my deceased father, limited for my use and benefit and until I shall personally obtain Letters of Administration to the estate of my father and which the said attorney has agreed to do.

NOW KNOW YOU ALL AND THESE PRESENTS WITNESS that I, Mr.... hereby appoint and constitute the said Mr. ... to be my true and lawful attorney with power and authority to do and execute the following acts and things for me, in my name and on my behalf viz.

1.     To make an inventory of all the items of the estate of my deceased father the late Mr. ... residing at the time of his death at ...

2.     To take possession of all the properties moveable and immovable left by my father and which he the said attorney can lay his hand on.

3.     To make inquiries with the persons concerned and or related to my family and me and with Banks, Companies and to ascertain the particulars of the property left by my father. To write and carry on correspondence with the different companies, corporations and Banking Institutions in which my father is reported to have held shares, securities, accounts, Bank deposits etc. and to gather all particulars about the same.

4.     To apply and obtain from the Competent Court Letters of Administration to the estate of my father but limited to my use and benefit and until I personally apply for and obtain the Letters of Administration to the estate of my father.

5.     For the purpose aforesaid to sign, declare and file petition in the court and to sign and file all other documents and papers including the Administrator's Oath, any undertaking required to be given in court, and as may be required by the Court.

6.     To get citation Issued to all other persons if any related to my father, if so required by the Court and to serve the same on them.

7.     To comply with all the procedures laid down for obtaining Letters of Administration.

8.     To pay Probate fee and all other fees, charges and expenses required to be paid and incurred for obtaining the said limited grant.

9.     To engage an advocate for the said purpose and to sign and file vakalatnama in his favour.

10.  To contest a caveat if any filed by any person and for that purpose to sign and file all applications and other papers as may be required.

11.  To pay estate duty, If any payable on the estate of my father.

12.  To open an account with a Bank In my name or in the name of the attorney and to credit all the amounts realised out of the estate, of my father and to withdraw and reimburse himself for all the expenses incurred by him in obtaining the Letters of Administration and in the realisation of the said estate.

13.  To operate the Bank Account by crediting moneys and withdrawing the same from time to time and for that purpose to sign cheques and endorse other negotiable Instruments and papers.

14.  To recover the estate as much as, he can and to deposit the share certificate. fixed deposit receipts and other documents of title in a safe deposit vault with the same Bank in my name or in the name of my attorney.

15.  To recover the rents and profits of the immovable property and to pay the Municipal and Govt. taxes and other outgoing and otherwise to manage the same.

16.  And generally to do all acts and things as may be required to be done to obtain the Letter of Administration to the said estate and to protect the same until I return to India and obtain Letters of Administration myself

AND I agree to ratify all acts and things lawfully done by the said attorney pursuant to this power of attorney.

IN WITNESS WHEREOF I Mr.... have put my hand this... day of... ..2000

Signed and delivered by the withinnamed Mr.

in the presence of ...