Detailed General Power Of Attorney
TO ALL TO WHOM THESE PRESENTS SHALL COME,
I, ....................... son of
.............................. resident of ................... at present
residing at ................
Whereas I own various movable and immovable
properties in various parts of India described in the Schedule I hereto and I
have interest in various firms, companies, association of persons, trusts,
societies as partner, proprietor, shareholder, member, trustee, beneficiary,
etc. and/or otherwise, described in the Schedule II hereto.
And Whereas I am presently residing out of India
as mentioned hereinabove for the time being, I am personally unable to attend
to my day to day affairs and for reasons of convenience it is necessary that I
should appoint an attorney and confer upon him the powers hereinafter stated.
Now Know ye by these Presents that I the said
................. do hereby nominate and constitute and appoint Shri
.......................... son of late ....................... at present
residing at ...................... as my true and lawful Attorney for me in the
name and on behalf of myself and/or my said Attorney and in any of my said
capacities and in the name and on behalf of any partnership firm, association
of persons, trustee, beneficiary or businesses in which 1 am now or may in
future in any manner become interested to do exercise, execute and perform all
or any of the following acts, deeds and things, namely:-
1. Commercial;
1.1. To transact business:-To
commence, transact, manage, carry on, close down any of my business and to do
all things requisite or necessary or connected therewith including
correspondence with any person or authority.
1.2. To buy and sell:-To buy,
receive, store and hold and to sell, pledge, hypothecate, give on hire or
otherwise deal with any goods, articles, things or movable property.
1.3. To open branches:-To
open, establish, conduct, shift and/or close any branch of any business at any
place or places.
1.4. To contract:-To enter
into, sign, execute, vary, alter, terminate, suspend, and repudiate any
contracts.
1.5. Partnership business:-To
act as a partner in the firm or firms in which I am a partner at present or
become a partner in future and commence, carry on, close, dissolve or retire
from any business of any partnership with any person and for the said purpose
to do all acts as partner or partners therein including banking operations,
execution of partnership, retirement, dissolution or other deeds and documents.
2. Property
2.1. To acquire and to
transfer:-To purchase, take on lease, to take charge or mortgage on and to
acquire in any manner and to sell, mortgage, settle, charge, lease, grant
tenancy or otherwise transfer and/or in any manner and/or on any terms deal
with any immovable or real property or properties or any interest therein.
2.2. To manage and
maintain:-To hold, defend possession, manage and maintain movable, or immovable
properties described in Schedule 1 herein and other immovable properties
acquired by me hereafter.
2.3. To receive rents,
etc.:-To demand, recover and receive rents, mesne profits, licence fees,
maintenance charges, electricity charges, corporation taxes and all other sums
of moneys receivable in respect of my properties and to make all just and
reasonable allowance therein in respect of rates, taxes, repairs and other
outgoings and to take all necessary steps whether by action, distress or
otherwise to recover any property or sums of money in arrear.
2.4. To pay outgoings:-To pay
all taxes, rates, assessments, charges, expenses and other outgoings whatsoever
payable for or on account of my properties or any part thereof and to insure
any buildings thereon against loss or damage by fire and other risks as be
deemed necessary and/or desirable and to pay all premia for such insurances.
2.5. To serve notice on
tenants:-To sign and give any notice to any occupier of any property belonging
to me to quit or to repair or to abate any nuisance or to remedy any breach of
covenant or for any other purpose whatsoever.
2.6. To construct, repair
and/or reconstruct:-To take down, demolish, rebuild and/or repair any of my
house, building or other structure of whatever nature.
2.7. To get utilities:-To
apply for and obtain electricity, gas, water, sewerage and/or connections of
any utilities and/or to make alterations and/or close down and/or have
disconnected the same in my properties.
2.8. To view the condition of
any property:-To enter upon any of my property or any part of it as often as be
desired to view the state of repair thereof and to require any occupier as a
result of such view to remedy any want of repair or abate any nuisance.
2.9. To enforce covenants:-To
enforce any covenant in any lease, licence or tenancy agreement or any other
document affecting any of my property and if any right to re-enter arises in
any manner under such covenants or under notice to quit, then to exercise such
rights amongst others.
2.10. To deal with
trespassers:-To warn off and prohibit and if necessary proceed against in due form
of law against all trespassers on any of my property and to take appropriate
steps whether by action or otherwise and to abate all nuisances.
2.11. To prepare and have
sanctioned the plans:-To get prepared plans for construction of any building or
structure and/or otherwise on any of my property and to have the same
sanctioned, modified and/or altered by any Corporation, Municipality or other
authority and in connection therewith or to make necessary applications, give
undertakings, pay fees, obtain sanctions and such other orders and permissions
as may be expedient.
2.12. To apply for obtaining
building materials:-To apply for and obtain such permission as may be necessary
for obtaining steel, cement, bricks and other construction materials and
construction equipments and to appoint architects and contractors for the
construction of building or buildings to be constructed on the plots belonging
to me.
2.13. To act in proceedings
under rent control legislation:-To appear and represent in any proceedings for
fixation of fair rent and/or for any other purpose or purposes before any
court, Rent Controller or other authority in connection with any matter
relating to and/or arising out of any of my property.
2.14. To obtain any
certificate:-To apply for and obtain such certificate and other permissions and
clearances including certificates and/or permission under any law relating to
ceiling on urban land, or other law relating to land and/or buildings both
urban and rural or under the Income-tax Act or any other law as may be required
for execution and/or registration of any conveyance or other document and/or
for transferring any rights in any land, building or other property belonging
to me or acquired by me hereafter.
2.15. To file declarations:-To
prepare, sign, declare and file declarations, statements, applications and/or
returns and otherwise in connection with holding, possessing, acquiring,
transferring, partitioning or otherwise dealing with any of my property before
any appropriate or other authority as may be required under any law or laws now
prevailing or as may in future become applicable and to do, exercise, execute
and perform any or all the necessary acts, deeds and things required
thereunder.
3. Companies
3.1. To promote company:-To
promote or form or cause to be promoted or formed or join with any other person
in promoting or forming and to do all things necessary or proper to be done or
causing to be formed and incorporated a company with limited or unlimited
liability for any object and to settle and sign the memorandum and articles of
association, prospectus, application forms, statement in lieu of prospectus and
all other papers required for or in connection with incorporation, commencement
of business of such company and other acts, relating thereto.
3.2. To spend money in
promoting a company:-To expend or agree to expend moneys for promoting and
forming any such company as aforesaid and in taking up and paying for any
shares in my name in any such company as aforesaid.
3.3. To contract to take
shares:-To sign and file with the Registrar of Companies or any other
appropriate authorities contract in writing to take from and/or pay for any
share or shares in any such company as aforesaid in my name.
3.4. To apply for, accept and
deal with shares:-To make application or applications for and take allotment or
allotments or purchase or otherwise acquire or hold any share or shares in any
company in my name and to sell, transfer, pledge, hypothecate and/or deal with
any share or shares held by me or acquired by me hereafter and to execute
and/or deliver all deeds and documents including transfer deeds in connection
therewith and/or for registration of any transfer and/or transmission.
3.5. To consent to act as a
director:-To sign and file with the Registrar of Companies or any other
appropriate authority in my name, consent in writing to act as a director of
any company as aforesaid.
3.6. To exercise
shareholder's privileges:-To attend, vote at and otherwise act in the meetings
of any company or companies or to appoint or act as proxy or representative in
respect of any shares, stock or debentures now held by me or which may
hereafter be acquired by me and generally to exercise all rights and privileges
and perform all duties in respect of any shares, stocks or debentures as the
holder, owner and/or registered owner thereof or as otherwise being interested
in any company including carrying on correspondence and making or consent in
the making of any applications in connection therewith before the Centra4
Government, court or other authority under the Companies Act or any other law
for the time being in force.
3.7. To transfer
securities:-To transfer any share, stock, debenture or other securities held by
me or to be acquired by me hereafter in any company and to execute transfer
deeds, receipts and ail other papers in connection therewith and also to
transmit and/or apply for and/or to consent to the transmission of any share,
stock, debenture and/or other securities and/or have the same registered and/or
to have such registration altered and/or cancelled in any manner.
3.8. General:-To do such acts
and deeds and to execute such papers and documents as may be necessary in any
capacity as shareholder, debtor, creditor or otherwise in relation to any company
which may be required to be done by me.
3.9. To receive bonus shares
and other benefits:-To receive and to hold and to deal with bonus shares and
all other benefits that may accrue as a shareholder or otherwise in relation to
any company.
4. Investments
4.1. To sell investments:-To
acquire or sell, transfer, assign or join in acquiring or selling, transferring
or assigning ail or any stocks, shares, annuities, debentures, stocks, bonds,
obligations, government securities, units and other securities or investments
of any nature whatever which do now or shall hereafter stand in my name or to
which I am now or may at any time hereafter be entitled to and for that purpose
to employ and pay brokers and other agents in that behalf and to receive and
give receipts for the purchase money payable in respect of such sales and to
transfer any investments so sold to the purchaser or purchasers thereof or as
he or they direct and for these purposes to sign and execute all such
contracts, transfer deeds and other writings and do all such other acts as may
be necessary for effectually transferring or assigning the same.
4.2. Allotment of shares in
companies:-To apply for and accept allotments of shares in my name in any
company, corporation or body corporate or any statutory body.
4.3. To receive dividends and
repaid capital sums:-To demand, sue for and receive from any company,
corporation, government or other body politic or person all deposits,
dividends, interest, bonuses or any other sums that may become due in respect
of any investment and likewise any capital sum represented by or comprised in
any investment held by me as and when the same shall be payable or repayable
and for any such purpose to sign, indorse and execute all receipts, dividends
and interest warrants, cheques, releases, discharges, reconveyances or other
deeds, documents, instruments and other writings whatsoever that may be
required or necessary for the purpose.
4.4. Investment in and
dealing with provident funds:- To operate, open, withdraw and deal with funds
in the Public Provident Fund Account or any other provident fund accounts
whatsoever in my name.
4.5. Investments in company
deposits, shares, etc.:- To invest my monies in company deposits, shares,
stocks, debentures, bonds, units or other corporate securities or securities of
local authorities, any other statutory bodies or corporations, whether
incorporated in India or in any other country, in such manner and upon such
securities as my attorney shall in his absolute discretion think fit and from
time to time withdraw any such moneys and apply the same to any purpose as he
may think fit.
4.6. To initiate
proceedings:-To give all notices, commence any legal proceedings or use any
other lawful means that may appear to my attorney desirable or necessary in
order to safeguard or enforce my rights in or in connection with any of the
investments with full power to prosecute or discontinue any such proceeding and
to compromise or submit to arbitration any matter in dispute or doubt.
4.7. To pay all calls:-To pay
all calls that may be lawfully made or other expenses that may be incurred in
relation to any of my investments and to give security for the payment of the
same.
4.8. To assent to
arrangements:-To assent (if it seems to my attorney necessary or desirable) to
any arrangement modifying any rights, privileges or duties in relation to any
of my investments and to agree to any scheme or arrangement for the increase or
reduction of the value or amount of the same or of the capital of any company
or corporation and for any such purpose to deposit, surrender or exchange any
of the investments or the documents of title relating thereto and to pay any
contribution or incur any other necessary expense in connection with any such
scheme or arrangement.
4.9. To apply for and
contract for investments:-To tender, contract for, purchase, accept and sign
the transfer into my name any government securities, securities of local
authorities or any statutory body, shares, stocks or debentures in any such
company, corporation or body as aforesaid or other stocks, funds, debentures
and securities of any and every description whatsoever or any other properties.
5. Banker/Banking
5.1. Banking operation:-To
open, operate, continue or close any account including any overdraft or other
loan account and/or saving account, current, fixed or other accounts and also
safe deposit lockers and all accounts whatsoever in my name and on my behalf
with any bank or banks that may be existing or may in future be opened in my name
or in the name of my firm or firms or business or businesses or in my capacity
as trustee or beneficiary of any trust with any bank or banks including Postal
Savings Bank.
5.2. Drawing and negotiations
of cheques:-To draw, sign, negotiate and/or endorse cheques, payment orders,
drafts, dividend warrants and/or any other instruments and to execute, enter
into, acknowledge, do and present all such deeds, instruments, contracts,
agreements, acts, deeds and things as shall be requisite or deemed fit and proper
for or in relation to all or any of the purposes, matters or things herein
contained or others with any bank or banks.
5.3. To deal with bills of
exchange:- For all or any of the banking purposes to draw, accept, endorse,
discount or otherwise deal with any bills of exchange, bills of lading, mates'
receipts, delivery orders, promissory notes or other mercantile instruments
relating to moneys, goods, properties or otherwise.
5.4. To operate bank locker
or safe deposit vault locker:- To operate any bank locker or safe deposit vault
locker and to deposit therein and withdraw therefrom any articles belonging to
me.
6. Moneys
6.1. To realise loans or
borrow money:- To realise loans and/or borrow money or moneys from time to time
from any bank, institution, or any person or persons, organisation whatsoever
against the security or properties both movable and immovable belonging to me
or any of my firm or firms of business or businesses in which I am now or may
hereafter become interested and to execute, sign and register mortgage,
charges, transfer and/or give other security or securities by any other deed or
deeds on such terms and conditions as my said attorney or his substitute or
substitutes may think fit and proper.
6.2. Loans and advances:- To
make and/or to receive any loan or advance from any bank, financial institution
or other person to such extent and on such terms as the said attorney may deem
expedient and also to secure the same by pledging, hypothecating, mortgaging,
charging or any other manner encumbering any of my movable or immovable
property.
6.3. Miscellaneous
6.3.1. To
agree to charge or pay any interest or other considerations for any loan and/or
advance and to vary such rates of interests or consideration from lime to time.
6.3.2. To
remit, reduce or settle any claim of any moneys, losses and/or damages.
6.3.3. To
draw, execute, negotiate, cancel, present for payment and/or make or receive
payment of any promissory note, bill of exchange, bond or undertaking regarding
any money receipt and/or advance.
7. Representations
7.1. To represent before bank
or banks, insurance companies, etc:-To represent me or any of my firm or firms
or business in any of the bank or banks, insurance companies, courts,
registration offices, municipal offices, office of competent authority, urban
land ceiling, post offices, sales tax offices, income-tax offices, customs
offices, revenue offices or any co-operative society, Central or any other
State Government or other authority, society, body corporate or other person
for any purpose or purposes whatsoever and do all acts as may be expedient
before the same or in connection therewith.
7.2. To prepare, sign and
file tax returns:-To prepare, sign, execute and/or file any of my and/or any of
my firm or firms or business or businesses in my personal capacity or as
trustee or beneficiary of any trust, sales tax returns, income-tax returns,
wealth- tax returns, gift tax returns or any other returns under the Income-tax
Act, 1961, Wealth-tax Act, 1957, Gift-tax Act, 1958 and/or any other law for
the time being in force or other returns, statements, papers, documents in
connection with the aforesaid Acts, to sign and/or submit returns, statements
of accounts, balance sheets, declaration forms, to receive refund orders or
vouchers from any of the aforesaid authorities, to apply for and to sign and
submit to necessary authorities and to represent me or any of the firm or firms
or business or businesses, trusts, proprietary concerns in which 1 am now or
may hereafter be interested as proprietor, partner, trustee or beneficiary with
such authority or authorities concerned therewith.
7.3. Appear before Assessing
Officer, etc.:-To appear before any Assessing Officer, Deputy Commissioner
and/or Assistant Commissioner and/or Commissioner and/or Central Board of
Direct Taxes and/or tribunal and/or any other authority or authorities in
connection with any matter or matters and to represent me or my proprietary
concerns, firm or firms, business or businesses, trusts in which 1 am trustee
or beneficiary and to produce, explain accounts, documents and papers as may be
necessary and to pay taxes and other amounts to such authorities and to any
other authority by virtue of these presents and to sign, execute and deliver
all other papers, documents and deeds in connection therewith.
7.4. To appear before
registrar, notary public, magistrate, etc.:-To appear before any Notary Public,
Registrar of Assurances, District Registrar, Sub-Registrar of Assurances,
Metropolitan Magistrate and other officer or officers or authority having
jurisdiction and to acknowledge and register or have registered and perfected
all deeds, instruments and writings, executed, signed or made by me personally
or as partner of any firm or firms or business or businesses or by my said
attorneys or any of them by virtue of the powers herein conferred.
8. Trusts
8.1. To execute trusts:-To do
all acts, deeds relating to any matter in which I am a trustee and/or
beneficiary and to exercise all powers and authorities elsewhere hereunder or
otherwise as expedient.
8.2. To exercise powers:-To
execute and exercise in relation to any land or investment or property for the
time being subject to any trust and all powers and description for the lime
being vested in me as such trustee or as beneficiary as aforesaid or under any
deed of trust, settlement or other documents to the extent lawfully possible.
9. Execution and registration of documents
9.1. To execute documents
(stocks, shares, annuities):-To execute all deeds and other instruments
necessary or proper for transferring any stock, shares, annuities, debentures,
obligations and other securities held by me or to be acquired by me hereafter
to the purchaser or purchasers thereof.
9.2. To execute and register
deeds:-To sign, execute, enter into, modify, cancel, alter, draw, approve,
present for registration and admit registration of all papers, documents,
contracts, agreements, conveyances, mortgage deeds, leases, grants, assurances,
applications, declarations, trust deeds and other documents as may in any way
be required to be so done for or in connection with any movable or immovable
property belonging to me or to be acquired by me hereafter or of any part
thereof or any interest therein including those held by me as owner, lessor,
lessee, partner, mortgagor, tenant, trustee or otherwise be interested for the
time being including those connected with the management and development of any
business and also in connection with the sale, purchase, lease, transfer and
disposition or construction or sanction of plan or obtaining of clearances or
permits from the Government or for any other purpose whatsoever.
10. legal proceedings
10.1. To compound the debts
and to submit claims to arbitration:-To compound with or make allowances to any
person for or in respect of any debt or demand whatsoever which now is or shall
or may at any time hereafter become due or payable to me and to take or receive
any composition or dividend thereof or thereupon and give receipts, releases or
other discharges for the whole of the same debts, sums or demands or to settle,
compromise or submit to arbitration every such debt or demand and every other
claim, right, matter and thing due to or concerning me and for that purpose in
my name to enter into, make, sign, execute such agreements as are necessary in
like cases, execute such agreements for arbitration or other deeds or
instruments as are necessary in like cases and to allow time for the payment of
any such debt or demand (with or without security) upon such terms as the
attorney may think fit.
10.2. To conduct and defend
legal proceedings:-To commence, prosecute, enforce, defend, answer or oppose
all notices, suits, and other legal proceedings and demands touching any of the
matters aforesaid or any other matters in which 1 am now or may hereafter be
interested or concerned and also if thought fit with such consent as aforesaid
to compromise, refer to arbitration, abandon, submit to judgment or become
non-suited in any such action or proceeding as aforesaid before any court,
civil, or criminal, or revenue including the Rent Controller, City Civil and
Small Causes Courts.
10.3. To appoint advocates,
etc.:-To appoint any solicitor, advocate, pleader or counsel as may be
necessary for prosecuting and defending any suit or proceedings, in the matters
relating to my properties, business, firm, trusts, companies or organisations,
in which 1 am interested or become interested hereafter in my name or in the
name of my said attorney as he may think fit and proper and to sign
vakalatnamas, warrant of attorney in favour of any solicitor, advocate, pleader
or counsel engaged by him.
10.4. To sign plaints and
other papers:-To sign, declare and/or affirm any plaints, written statements,
petitions, consent petition, affidavits, memorandum of appeal or any other
document or paper in my name in any proceeding or in any way connected
therewith.
10.5. To deposit and receive
documents from court:- To deposit and receive documents and moneys in and from
any court or courts and/or any other person or authority in my name and give
valid receipts and discharges therefor.
11. Receipts and discharges
11.1. Receiving monies and
goods:-To demand, collect, sue for, recover and receive of and from all and
every person or persons, body or bodies, politic or corporate, court or
authority including government and/or local bodies whomsoever concerned or
chargeable therewith all or every sum or sums of money including rent,
documents, securities, goods, effects, dues, duties, interests, rents, profits,
income, purchase consideration, dividends, compensation and/or any other money
or moneys which shall belong or be or become payable to me or to any of my firm
or firms, business or businesses or companies in which I am interested.
11.2. To collect debts:-To
demand, collect, sue for, recover and receive in my name, from all and every
person, body, politic or municipal or corporate or firm or company wheresoever
and whatsoever all sums of money, debts, dues, goods, wares, merchandise,
chattels, effects and things of any nature or description whatsoever which now
are or which at any time or times hereafter shall or may become due or owing or
payable to or recoverable including those from or by the bank by virtue of any
hypothecations, bonds, mortgages, pledges, agreements or other securities
whatsoever or upon or by virtue of any bills of exchange, promissory notes,
cheques, bills of lading or other mercantile or negotiable instruments whatever
or otherwise.
11.3. To give receipts:-To
receive and give effectual receipts and discharges in my name for all monies,
securities for monies, debts, goods, chattels and personal estate which are or
may become due, owing, payable or transferable in or by any right, title, ways
or means howsoever from any person or persons or corporation or other body or
authority.
11.4. To receive debts, gifts,
legacies, etc.:-To receive and give good and valid receipts and discharges in
my name for share of assets of any business or for the purchase money of any
share therein or of any part of such share and all such other monies as may be
payable to me in any manner whatsoever.
12. Agents
12.1. Agency:-To act as agents
for any person or to appoint any person as agent for any purpose in connection
with any business or matter herein contained or otherwise and on such terms and
with such powers and authorities as may be deemed by my said attorney to be
expedient and to vary, modify and/or terminate such appointment and/or
appointments and make other or others.
12.2. To employ persons in any
capacity:-To employ any person in any capacity for my business firm, trusts,
companies in which I am interested and require to employ such person or become
interested in future and require to employ such person and to suspend, dismiss
or discharge any employee so employed as my said attorney may deem fit.
12.3. To employ
professionals:- For the better and more effectually executing the powers or
authorities aforesaid or any of them to retain and employ solicitors,
advocates, chartered accountants, managers, consultants or any other
professional persons and/or debt collecting or other agents.
13. Miscellaneous
13.1. To enter into bond and
indemnities:- For all or any purpose to give and execute all such bonds,
guarantees, indemnities, covenants and obligations in my name.
14. To substitute and appoint in his place (on such terms and
conditions as my said attorney shall think fit and proper) one or more
attorneys to exercise for me as my attorney or attorneys any or all of the
powers and authorities hereby conferred and to revoke any such appointment from
time to time and to substitute or appoint any other person or persons in the
place of such attorney or attorneys as the said attorney shall from time to time
think fit and proper.
15. AND in case of the death of the said attorney or inability or
unwillingness to act through illness or any other reason to act as my said
attorney in relation to all or any of the matters aforesaid, I hereby appoint
Smt. ................................ wife of ...................... resident
of ..................................... to act as my attorney in place of the
said attorney after his death or during such inability or unwillingness and in
the latter case during the subsistence of any such inability or unwillingness
as the name of Smt...................... had been inserted in this deed instead
of the name of the said attorney.
16. And generally my said
attorney shall have the power to do all such acts, deeds and things on my
behalf and I could have lawfully done, if personally present.
AND I do hereby for myself, my heirs, executors,
administrators of acts done and legal representatives ratify and confirm and
agree to ratify and by attorney confirm all and whatsoever my said attorney or
his substitute or substitutes shall lawfully do or cause to be done by virtue
of these presents.
IN WITNESS WHEREOF, I
.............................. have hereunto set my hand this
....................... day of .................... 2000.
Schedule I above referred to
Schedule II above referred to
Signed and delivered by the within named
.................
WITNESSES;
1.
2.
Identified by me
( ) Before me
Advocate Notary Public
0 Comments
Thank you for your response. It will help us to improve in the future.