LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shiva (Consultant)     09 March 2010

POA for a civil case

I have a civil case about a property in a Delhi court. I stay outside the country. I need to give a POA to some one to represent me. What kind of power of attorney this should be: specific to the case or a general pwer of attorney? I am not comfortable to give a general power of attorney which also empowers the attorney to sell and let the property. Any advice?  (POA prepared by the lawyer is attached. I am not comfortable with the points 4 & 6 of the document.)



 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 March 2010

POWER OF ATTORNEY.

 

BE IT KNOWN to all to whom it may concern that I  …............... /O ….................. R/O presently residing at __________________________ and my passport no is _________. That I am the lawful owner of Flat no …........................ vide Conveyance Deed issued by the DDA and registered with the Sub Registrar vide registration No …............. dated …....... herein after referred as the “property” do hereby nominate, appoint and constitute Sh. ….......S/O Sh. ........ r/o …...................., as my lawful attorney and authorize him to do the following acts, deeds and things for and on  my behalf and in my name, in respect of the above said property.

1.      That as I am out of India I have authorized and appointed my attorney to do the following acts, deeds and things for and on my behalf and in my name, in respect of the above said property. That I am the absolute owner of the property herein above mentioned and competent to execute the present power of attorney.

2.      To appear and represent me before the Hon’ble Court’s of Delhi in regard to above said property and any other court in future regarding any litigation regarding the above said property.

3.      To represent me before the courts of law and to appear, make statement in the courts, civil or criminal, Police, Land Acquisition Collectors/SDMs, Original, Appellate, Tribunals, Rent Controller, Revisional, High Court and Supreme Court of India and in the offices concerned of the various authorities i.e. MCD, DDA, N.D.M.C., DVB, Delhi, Jal Board, House-tax, M.T.N.L., Govt. of NCT Delhi, Income-Tax and other authorities concerned & to sign, verify and file any applications, affidavits, plaints/suits, replies, objections, appeals, rejoinders, writ petitions, reviews, revisions, written statements and other pleadings, including the execution applications, cross objections, whenever and wherever required and found necessary and to engage the Advocate(s) /legal practitioner for the conduct of any proceedings, and sign the Vakalatnamas etc. and revoke the same if the need be compromise any matter, make statement, adduce evidence, withdraw any proceedings, refer any matter to Arbitration, accept the summons and services of any notices etc, deposit and withdraw any money for any proceedings, withdraw the amounts in executions take delivery of the possession of any portion of the said property in execution or otherwise, seek refunds of any undisbursed money, issue receipts, file and take back the original documents, and sue and defend any proceedings or cases etc. from time to time relating to me (regarding the above said property) whenever and wherever found necessary, apply for and make inspections of record files and get the certified copies of any orders, judgments, papers, decree sheets, proceedings and other documents etc. To initiate any action, Civil or Criminal, in regard to the above said property and to take all steps and proceedings at law or otherwise and do all such acts and things as my said attorney shall deem fit.

4.      To let out the above said property in full or any part thereof to any tenant or tenants and to deal with them and to dispose/convey the above said property in full or any part thereof, enter into any agreements etc. give possession whole or in part thereof, receive the rent/ license fee/damages/considerations or other amounts etc. under his own signatures and also issue the receipts for the same, get the possession of any portion of the property from any occupants, tenants/licensees etc. and give valid discharge thereof and also take all legal actions for the recovery of the rent/ license fee/damages/considerations or other charges due and outstanding payable by the tenants/occupants for their eviction from the premises etc. from time to time and conduct the proceedings throughout. To let out, give on lease, give on license, mortgage, sell,   submit to arbitration, enter into negotiations the above said property in whole or in part, receive consideration, issue receipt against the above said property in whole or in part as my said attorney shall deem fit under his signatures.  

5.      To manage, control and supervise and look after the above said property and all the matters relating there to and for all matters, relating to the above said property and to appear before the authorities offices concerned, make correspondence, reply to any letters, notices, applications, deposit of any amounts and getting refunds of any money due and payable and refundable to me of the Security or any other amounts and complete all the formalities in this respect under his own signatures.

6.         To sell and receive consideration/money/amount on my behalf under his signatures and to execute any receipt thereof on my behalf. To execute, sign and present for Registration, before proper registering Authority or any other authority, proper Sale Deed for conveying rights, interests, liens and titles in the above said property or any part thereof and to execute any other necessary documents, forms and other papers required for the said purpose.

7.         To appoint any further his attorney authorizing him to do all or any of the above acts and any other acts, deeds or things which have not been specifically mentioned herein above, and in the opinion of my above said property or any matter incidental thereto, and to cancel, withdraw or revoke the powers conferred upon said attorney.

8.      Generally to do any other acts, deeds and things under his signatures which are not specifically mentioned herein and which may be required to be done by the said Attorney regarding the above said property or part thereof.

9.      That I have executed the present power of attorney with my own sweet will/consent, without and pressure, coercion, misrepresentation, mistake, or undue influence.

AND I hereby agree to confirm and ratify that all such acts, deeds and things done by the said attorney under his signatures in respect of the above said property or part thereof, shall be deemed to have been done by me as if I was personally present for the same.

IN WITNESS WHEREOF I, THE ABOVE NAMED Executant has set and subscribed my hands on this Power of Attorney at the place and date below mentioned in the presence of the following witnesses:-

 

WITNESSES:-

1.

 

EXECUTANT.

 2.

 

*  The draft is OK, but there is no single word about your relationship with PA Holder and it is mandatory to write that PA holder is having the entire knowledge about the litigation, otherwise PA holder cannot depose on behalf of the prinipal

 You can add this by discussing with your advocate.

 

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     09 March 2010

The above think will do.. this is a Special power of attorney executed for the specific purpose of conducting the case

Mani Narayanaswamy (Lawyer)     09 March 2010

To whom are you going to give power of attorney. It will decide the clauses to be incorporated.

k.chandrasekharan (advocate)     09 March 2010

It appears that you are apprehensive of the wide powers proposed to be granted to the attorney as per the draft, which may be misused to the detriment of your interests. So, confine to the litigative aspect only with corolaries.

Delete clauses 4 and 6. Clause 5 speaking of 'manage' is undefined. You can delete that also. Clause 7 is against the provision of the Indian Contract Act, as a 'delegate' can not further delegate. So, even if included, it can not provide legal authority to the attorney. So, you may delete the same.

The draft, after such deletions, will become a special power of attorney, confined to the intended immediate litigative need.

If you are abroad, then the POA is to be attested by the law attache of the Indian consulate. A Notary under local laws too can attest. In USA, it is learnt that all registered lawyers are conferred with Notary powers.Confirm as to the local state laws, if in USA. Fees of Notaries would be stiff in USA and European countries. Consulate would be cheaper, but convenience has to be kept in mind.

As per Indian requirements, all the pages in the document are to be signed by the Excutant,that is yourself, all pages are to be stamped with seal of the attesting Authority, with initials and the last page has to be signed with date by the attesting authority with full normal signature. If there is serial numbering system, then, the said number also has to be recorded. In some places, validity period of the Notary license is also, by law, required to be mentioned. If there is any requirement of 'stamp duty' as per the local laws, then that is also to be complied with. In Gulf countries, it is reported that stamp duty is steep.

Your Indian recipient, has to present the POA within three months of receipt in India, to the sub-registrar of jurisdiction, and get the same authenticated as per the Indian State Stamp Act and Indian Registration Act provisions. This may not exceed Rs.500/-.

With all the above, you have to take decision on entrustment of physical custody of the property, if already in your possession or as and and when possession is received. This would require your own decision as to theextent of authority needed to be elegated and your own perception of the reliability and capability of your attorney. This aspect can be covered by suitable modification of clause 5, right now or can be decided later on when need arises. You may ave to executeanother power of attorney, at a later period. Process would be easier, when you come to India, on visit or vacation, when the work can be concluded in an hour's time.

 

1 Like

Shiva (Consultant)     09 March 2010

Thanks, Mr. Chandrasekharan. You have really resolved my apprehensions. I shall discuss with my lawyer in line with your suggestions. I also think a mention of the case no. in the power of attorney shall make it very specific to the case only and the title of the POA should also reflect it.

To Mr. Narayanswamy's response..... The POA shall be given to my lawyer hired to represent me. Is is permisible as he is well versed with the case?


To Mr. Vadrali's response.... How do I incorporate my relationship with the lawyer?

BP SHARMA Adv (LAW CONSULTANT)     09 March 2010

I am in full agreement of Mr K Chandrasekharan Advocate


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query