TO ALL TO WHOM THESE PRESENTS SHALL COME
I, ------------------------------------------ resident of
(a) As owner, I am seized and possessed of and/or otherwise well and sufficiently entitled, free from all encumbrances, mortgages, charges, claims of any nature whatsoever to the premises bearing Apartment No. ----------, having super area ---------sq. ft. comprising of built up space -------------- situated at hereunder written and hereinafter referred to as 'Premises'.
(b) I am desirous of giving the Premises on Leave and Licence basis to ---------------(hereinafter referred to as the 'Licensee'). We have already negotiated with and arrived at the terms and conditions mutually agreeable between the Licensee and us for the license of the Premises. The terms and conditions of the Leave and License Agreement ('Agreement') to be executed between us and the Licensee has already been finalized.
(c) I, being unable to personally attend to the execution of
the transaction of license of the Premises, am desirous of
appointing some fit and proper person to act for us and execute
and register the Agreement and do all such acts, and things as
set out herein for and on our behalf in connection with the
giving of the Premises on Leave and Licence basis.
NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH
That I ------------ do hereby nominate, constitute and appoint Mr ----------------- residing at -------------- to be our true and lawful attorney (hereinafter referred to as the 'Attorney') to act for us and in our name and do all acts, deeds and things relating to the license of the Premises that is to say:
1. To execute the license Agreement and register the same with the appropriate sub-registrar of assurances.
2. To receive the Refundable Security Deposit (as defined under the Agreement) from the Licensee in terms of the Agreement and issue valid discharge for the same.
3. To give proper and valid discharge for the License Fee (as defined under the Agreement) deposited by the Licensee in our bank accounts (details as provided to the Licensee).
1. To enter into and inspect the Premises at regular intervals in accordance with the terms of the Agreement.
2. To do all acts, deeds, matter and things as may be required to be done by us as the licensors under the Agreement and exercise all our rights and give discharge to all our liabilities under the Agreement.
3. To take any legal action against the Licensee as may be required to be taken in accordance with the terms of the Agreement including giving written notice on breach of terms and conditions of the Agreement by the Licensee, terminate the Agreement, take possession of the Premises on termination or earlier expiration of the Agreement, etc.
4. On expiry of the Term (as defined under the Agreement) of the Agreement, and on receipt of written confirmation and under instructions from us for any renewals to be made to the Agreement, to execute and register such renewed leave and license agreement in favour of the Licensee on such terms and conditions as may be approved by us.
5. To do all that is necessary to give on license the Premises to the Licensee under the terms of the Agreement as if we are personally present.
6. On expiration or earlier determination of the Agreement, refund the Refundable Security Deposit after deducting such amounts as may be permissible under the terms of the Agreement.
7. To represent us and deal with all matters relating to the Association (as defined under the Agreement) or any other authority in respect of the Premises.
8. To appoint and remove any substitute or substitutes for the Attorney only on receipt of written consent from us in respect of all or any of the matters aforesaid.
9. To represent us in any legal proceedings on our behalf after obtaining written instructions from us.
WE HEREBY AGREE TO RATIFY AND CONFIRM all acts, deeds and things lawfully done by the Attorney under the authority hereby conferred and the same shall be construed as acts, deeds and things done by us and we hereby undertake to confirm and ratify all and whatsoever the Attorney shall lawfully do or cause to be done by virtue of the power given hereby.
Section 138 of Negotiable Instruments Act
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