Power of Attorney to Recover Rents (India)

Power of Attorney to Recover Rents

To All to Whom These Presents Shall Come I, Mr. ...

Whereas I am the owner of some immovable properties consisting of buildings and structures, which are occupied by, tenants and which properties are more particularly mentioned in the schedule hereunder written.

And Whereas I am unable personally to look after the said properties by recovering rents therefrom and paying taxes and other dues. because of my other occupations.

And Whereas I, therefore propose to appoint Mr. ... as my attorney or agent to do the following acts and things on my behalf and which he 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 powers and authority to do and execute the following acts, deeds and things in 'my name, on my behalf and for me viz.

1.     To ask, receive and recover from all tenants and other occupants whatsoever, occupying any part or parts or premises of the said properties, whether under any oral or written agreement or not. all rents, arrears of rents. compensation, profits and all other moneys now due owing and payable or at any time hereafter to become due owing and payable in respect of the said premises for occupying the same or otherwise, in any manner whatsoever.

2.     On non-payment of any sum as aforesaid, to take summary proceedings to distress according to law.

3.     To give notice, through a lawyer or personally, to make payment of rents or compensation or moneys due and payable by such tenants or other occupants and also to give up the premises and vacate the same..

4.     To file suits and other legal proceedings in proper courts for recovering rents, compensation and other amounts, from any tenant or other occupant as well as to eject any of them from the premises occupied by him, either for non-payment or for any other ground whatsoever.

5.     To pass valid receipts in proper form for all moneys received or recovered from any tenant or other occupants of the said properties as rent, compensation or otherwise.

6.     To pay and allow all taxes, assessments. charges, deductions, expenses and all other payments and outgoing whatsoever clue and payable, to become due and payable for or on account of my said properties to the authorities concerned.

7.     To let out on monthly tenancy any premises which may become vacant and at the standard rent and on the same terms as are applicable to other tenants in the same building.

8.     To take possession of any premises falling vacant for any reason whatsoever and give receipt for such possession If required.

9.     To transfer any rent receipt to the name or names of the heirs of any tenant who has died or to the name of such one of them as the heirs may agree upon between themselves.

10.  To carry out only tenantable and minor repairs (but not major or structural repairs) as may be required from time to time.

11.  To engage watchmen, scavengers, and other servants In the course of management of the said properties and to pay their wages and other emoluments.

12.  To engage any advocate or advocates for legal advice and for filing and conducting such suits and other legal proceedings as may be required to be taken from time to time against the tenants and other occupants of the said properties.

13.  To sign, affirm, declare and file plaints. written statements, statements of defences. petitions. applications, affidavits and other papers for and in such suits and legal proceedings required to be taken in exercising the powers herein contained or taken against me by any tenant or other occupant of any of the said properties. To make any Interim applications for Injunction, receiver or for any other relief in such suits and the legal proceedings.

14.  To prevent any person from trespassing on any of the said properties or any part thereof and for that purpose to take civil and/or criminal proceedings against such person.

15.  To maintain books of account and keep accounts of all moneys received and all expenses incurred in the management of the said properties and to submit the same to me from time to time.

16.  To defend any suit or other legal proceedings, taken against me by any tenant or other occupant of any of the said properties and for that purpose to sign, declare and file statements of defence and other papers and make any Interim applications If any required.

17.  To accept service of any writ of summons or any other court process In any suit or legal proceedings taken against me by any tenant or other occupant in any of the said properties and to assist and accompany the court bailiff or other officer for service of a writ of summons or other process upon any person in any such suit or legal proceedings taken on my behalf by the said attorney pursuant to the powers herein contained.

18.  To appear before any officer of the Government or local authority in any matter in connection with the recovery of rent and payment of taxes in respect of any of the said properties.

19.  To accept notices received from the Govt. and any local authority in connection with the said properties and to comply with the same insofar as they relate to carrying out minor repairs, or for removing any nuisance or clearing any pipes or gutters.

20.  In general to do all other acts, deeds, matters and things whatever in connection with the recovery of the Income and payment of taxes and other outgoing in respect of the said properties and otherwise managing the same.

AND I agree to ratify all lawful acts and things done by the said attorney pursuant to the powers herein before mentioned.

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 …………….