Power of Attorney to Prepare a Layout (India)

Power of Attorney to Prepare a Layout & Sell Plots

To All Whom These Presents Shall Come I, Mr ………

WHEREAS I own a large piece of agricultural land situate at... and which is more particularly described in the Schedule hereunder written.

And Whereas the said plot is within the Municipal area and is not used actually for agricultural purposes.

And Whereas I propose to prepare a layout of the land by dividing it into several building sites or plots and to sell the same with a view, to obtain a better price.

And Whereas due to my old age I am unable to attend to all the matters involved in the said scheme and I, therefore, propose to appoint Mr. ... to be my true and lawful attorney to do the several acts and things required to be done 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 or agent with full authority or power to do and execute the following acts, deeds and things in my name on my behalf and for me viz.

1.     To apply to the Collector of ... or other concerned officer in the Collectorate for permission to convert the said land described in the said Schedule hereunder written, for non-agricultural use as a building site and to obtain such permission and for that purpose to sign applications and other papers, to pay any fee or premium required to be paid to the Govt. and to do all other acts and things required for obtaining such permissions.

2.     To appoint an architect, a surveyor and other qualified persons and to get the said land properly surveyed and admeasured. with or without the help of the Government Survey Officers and to obtain an authenticated copy of the site plan of the said land from the Govt. Officer concerned.

3.     To divide the said land. with the help and under the advice of the architect into several and as many as possible buildable plots after allocating space or areas for internal roads and other amenities and reservations as per the development rules of the Municipal Corporation and/or the Govt. To level the said land by filling in the low areas and to remove all unnecessary trees and bushes.

4.     To submit a layout to the Municipal Corporation and/or the Town Planning Authority and to the Collector and to get the same sanctioned-by the said authorities and for that purpose to sign all applications and other papers and to pay the required fees and premium and to do all other acts and things necessary to obtain approval to such layout by the authorities concerned.

5.     To engage an advocate or solicitor for taking advice for preparing documents and investigating the title and certifying the title to the said land and completing the sale of the said plots and to pay his fees.

6.     To agree to sell the plots either in one lot or more than one lot or separately to each purchaser at the best market price available and on such other terms and conditions as the Attorney may think fit and shall be advised by the lawyer and to enter Into and execute agreements for sale of the plots with the Intending purchasers thereof.

7.     To carry out all formalities as are required to complete the sale of each plot including answering and complying with requisitions by the Purchasers. producing documents of title for inspection and doing things required to complete the sale of the plots and for that purpose to sign all papers, applications, and other documents as the attorney may be advised.

8.     To execute the Deed or Deeds of Conveyance In respect of each plot In favour of the purchaser or purchasers thereof in terms of the draft approved by the advocate and to receive the sale price of each plot and give receipts for the same.

9.     To execute any Deed or Deeds of Covenant for production of title deeds In favour of the purchasers of plots and all other documents as may be required to complete the sale of each plot.

10.  To appear before the Sub Registrar of assurances and to lodge the documents executed by him as aforesaid for registration and./or to admit execution of such documents by the said Attorney before the Sub-Registrar.

11.  To pay stamp duty and registration charges in respect of such documents, if payable or agreed to be paid by me as Vendor.

12.  To appoint one or more substitute or substitutes and delegate to him or them such powers and authorities herein contained as the said attorney may think fit or necessary.

13.  To apply for and obtain Income Tax Certificate or Certificates under S. 230A of the Income Tax Act, 1961 for registration of Deeds as aforesaid if necessary.

14.  To do all other acts and things required to be done of and incidental to the execution or exercise of any or all of the powers above mentioned.

AND I hereby agree to ratify and confirm all acts and things done lawfully by the said attorney in exercise of the powers herein contained.

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

THE SCHEDULE

Signed and delivered by the

withinnamed Mr.

in the presence of ...