Special Power of Attorney Format for Property Leave and Licence in India

SPECIAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME

I, , son/daughter/wife of , aged about years, residing at (hereinafter referred to as the "Principal"), do hereby state as follows:

WHEREAS:

A. I am the owner and/or person lawfully entitled to deal with Apartment/Premises No. , having an area of approximately sq. ft., situated at , more fully described in the Schedule below (hereinafter referred to as the "Premises").

B. I propose to grant the Premises on leave and licence to (hereinafter referred to as the "Licensee") on the terms recorded or to be recorded in the leave and licence agreement (hereinafter referred to as the "Agreement").

C. As I am unable to personally attend to the execution, presentation, registration and related administration of the Agreement, I wish to appoint a fit and proper person to act for me strictly for the purposes stated in this instrument.

NOW KNOW ALL PERSONS BY THESE PRESENTS:

I, , hereby nominate, constitute and appoint Mr./Ms. , son/daughter/wife of , residing at , as my true and lawful Attorney (hereinafter referred to as the "Attorney") to act for me and in my name in relation to the Premises and the Agreement, and I specifically authorise the Attorney:

1. To sign and execute the Agreement on my behalf in the form and on the terms approved by me.
2. Where registration of the Agreement is required or intended, to present the Agreement before the competent registering authority, admit execution where legally permissible, complete registration formalities and sign or submit applications, declarations, forms and supporting papers required for that purpose, subject to the Registration Act, 1908 and applicable State rules.
3. To receive the refundable security deposit from the Licensee in accordance with the Agreement and to issue a valid receipt or discharge for the amount received.
4. To acknowledge and give valid discharge for licence fee and other sums paid by the Licensee in the manner specified in the Agreement, including amounts deposited into my designated bank account.
5. To enter upon and inspect the Premises at reasonable intervals and in accordance with the Agreement and applicable law.
6. To perform such lawful administrative acts as are required to be performed by me as licensor under the Agreement and to communicate with the Licensee, the association/society, maintenance agency, local authority or other competent authority in relation to the Premises.
7. Upon my prior written instructions, to issue notices concerning breach, termination, expiry or renewal of the Agreement and to take steps for recovery of possession in accordance with the Agreement and applicable law. Nothing in this clause authorises any unlawful or forcible dispossession.
8. On expiry of the Agreement, and only upon my prior written instructions, to execute and present for registration any renewal or fresh leave and licence agreement on terms approved by me.
9. Upon expiry or lawful earlier termination of the Agreement, to refund the refundable security deposit after making only such deductions as are contractually and legally permissible.
10. To represent me before the association, society, maintenance body or competent governmental/local authority in routine matters directly connected with the Premises and the Agreement.
11. To appoint a substitute for any of the powers stated above only with my prior written consent and only to the extent permitted by law.
12. Upon my specific written instructions, to engage an advocate and represent or cause me to be represented in legal proceedings arising directly from the Agreement or the licensed occupation of the Premises. Any appearance, pleading or act reserved by law to an advocate or other authorised professional shall be undertaken only through a person legally entitled to do so.

I agree to ratify and confirm all lawful acts, deeds and things done by the Attorney strictly within the authority conferred by this Special Power of Attorney.

This Special Power of Attorney is limited to the purposes expressly stated above and shall not be construed as authority to sell, gift, mortgage, exchange or otherwise transfer title to the Premises unless such power is expressly and lawfully granted by a separate instrument complying with applicable law.

This Special Power of Attorney shall remain effective until / completion of the purposes stated above / earlier revocation by me in accordance with law, whichever occurs first.

Schedule of the Premises

Apartment/Premises No.:
Building/Project:
Address:
Area:
Other identifying details: