An Assignment

On
DPC
Mahatma Gandhi Mission’s Law College

Submitted to:
Name: Dr. Sheela Hosamani
Department: Law Faculty (DPC)
Submitted by:-
Name- DEONANDAN KUMAR
Roll No. 129, LL.B 1st Year (2ND SEM).

Power of Attorney:-
A power of attorney is a document that confers on an individual the
authority to act in the position of another in either a complete or
limited capacity. A special power of attorney grants an agent specific
authority to act in the capacity of his principal.

The person who delegates his powers to another is called the principal
or the grantor while the individual who is authorized is known as the
agent. The agent could be granted the power to buy a home, negotiate
a business deal or make cash withdrawals for his grantor.

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Power of Attorney in simple terms is a document of agency whereby
the principal appoints an agent to do and execute certain acts or
deeds on his behalf. Various definitions can be found in different
enactments like according to the Bombay Stamp Act it is defined as
"any instrument empowering a person to act for and in the name of
the person executing it and includes an instrument by which a person
a not being a legal practitioner is authorized to appear on behalf of
any party in proceedings before any court tribunal or authority"

The Indian Stamps Act defines it as "any instrument empowering any

specified person to act for and in the name of the person executing it"
Despite there is a specific act pertaining to Power of attorney but it is
a very precise and brief one, the basic principles of these document
are governed by the law of agency as provided for in the Indian
Contract Act.

Every act performed by the agent within the authority of the Power of
Attorney is legally binding upon the persons granting it. A power of
attorney must be given only to a trustworthy person, and only when it
is absolutely necessary. The person who empowers is the Principal
and the person to whom the power is conferred is the Agent.

There are two kinds of power of attorney viz.,

● "General Power of Attorney" and
● "Special (or limited) Power of Attorney"

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The test to determine under which category a given document falls is
as to what is the subject matter in respect of which power is given and
if it is restricted to some specific matter it is specific else it is general.

An individual who has suddenly been affected by some form of mental

instability may decide to grant a special power of attorney which will
give the agent some limited powers that will enable him to buy, sell or
manage a property in his capacity.

A special power of attorney is often initiated where the principal is

unable to perform certain functions because of an ill-health or other
commitments.

WHAT IS SPECIAL POWER OF ATTORNEY?

A special power of attorney is a document or an authorization that
empowers the agent or the attorney in fact to act in the capacity of the
grantor under specific circumstances. In a special power of attorney,
the powers that has been granted will be executed in specific aspects
as may be contained in the agreement.

In many instances, different persons may be granted the special power

of attorney and will be named by the grantor for their specific area of
interest.

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A special power of attorney should be granted in writing. In some
areas of jurisdiction, the agreement must be duly signed, notarized
and registered before it can become a legally binding document.

Your choice of an agent should be made with caution because you can
be held accountable for the decisions taken by him; especially if it
relates with his responsibilities as an attorney of fact.
WHAT MAKES THE POWER OF ATTORNEY SPECIAL?
The power of attorney becomes a special power of attorney when it is
limited to specific roles. The agreement document will provide you
(agent) with the target tasks you will perform for your principal.

WHAT IS A GENERAL POWER OF ATTORNEY?

In a general power of attorney, the agent is authorized to make all the
decisions in the capacity of the grantor. If you are to stay away from
the country for a long time, you can authorize the agent to carry on
with business transactions, payment of staff, deals and management
of your properties. Under a general power of attorney, the agent is
granted wide/unlimited authority on all affairs that pertain to the
obligations of the principal.

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 SPECIAL POWER OF ATTORNEY
This special power of attorney is executed on the 06day of June Two thousand Twenty

By

[ B]

A non Resident Indian, presently working and residing at

hereinafter referred to as the ‘Principal’

In favour of

[A]

An Indian resident hereinafter referred to as ‘the Attorney’

NOW TO KNOW ALL MEN BY THESE PRESENTS

THAT :-
I. I am/We are presently working at

I/We am /are desirous of acquiring certain immovable property/ies in

India and/or the absolute owner of all that property/ies .
(Details) .more fully mentioned in the
Schedule hereunder written (hereinafter referred to as the ‘said
property’

II. In order to acquire/purchase immovable property/ies and/or to develop

such acquired/purchased property/ies and /or to transfer my/our
existing home loan account No .with
.bank Branch with outstanding
balance of Rs as on / / . I /we intend to
avail certain credit facilities from Bank of India and/or I/we have
availed credit facilities such as .from Bank of India
branch on for the purpose
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 of And also I/we am/are maintaining deposit
account No with the said Branch.

III. Consequent to my/our employment abroad as aforesaid, I am /we are not

in a position to deal with or attend day to day affairs of said
property/ies and/or service my/our /loan/deposit account/s
availed/maintained with bank of India Branch.
Hence it is felt necessary to appoint an attorney to carry out any /all
acts in connection with the acquisition, Management and disposal of
said property on my/our behalf as well as to maintain/service the loan
accounts/deposit account No
IV. Therefore, I/we .the above named
do hereby nominate, constitute, appoint and retain
Shri ..aged .years,S/o.

( Full address and occupation to be given) whose photograph and

signature ( signature of attorney to be attested where POA is executed
in India ) is attested here as my/our true, lawful and legal attorney in
my/our name(s) and on my behalf, to do all or any of the following
acts, deeds and things namely:-

1) To apply for financial facilities/loan/advance (‘the loan’) for the purpose of

to Bank of India to the extent of Rs. /-, to
pay all fees, sign application/s for the loan, furnish required details and
information, give any statement, letter, clarification or any other writing required
or necessary for availing of the loan and to follow up with Bank of India with
respect to the Application/s and do such other things and deeds as may be
necessary in relation thereto.
2) To accept terms and conditions/offer letter relating to the loan and sign such
writings/letters/papers/documents in token of my acceptance of the terms and
conditions therein contained and pay all fees, charges, and all amounts in
respect of the loan.
3) To request Bank of India or agree for any change or modification in the amount/s
of the loan, rate/s of interest, period of repayment or any other terms and
conditions in relation thereto.
4) To execute various security documents as may be required by Bank of India for
availing the loan, which may include agreement for loan, promissory notes,
various undertakings, affidavits, declaration etc. in relation thereto and pay stamp
duty, if any thereon.
5) To create equitable mortgage by deposit of original title deeds and documents or
to create any other form of the mortgage as required by Bank of India in respect
of above said property/ies
6) To attend the Branch/Office of Bank of India, given necessary oral
assent/consent while depositing the title deeds as security for repayment of the
loan sanctioned. If required by the Bank of India to lodge the said oral
assent/memorandum of equitable mortgage or other loan documents with the
sub-Registrar of Assurances having jurisdiction to receive such documents for
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 registration, appear before such sub-registrar and admit execution thereof.
7) To execute and Register with the concerned Registrar/Sub Registrar of Assurances of
any form of the mortgage as required by Bank of India
8) To furnish such indemnities and to give power of attorneys as may be required
by Bank of India in its favour .
9) In addition to the above security, pledge with Bank of India, any share certificate,
debentures, bonds, units, fixed deposit receipts etc. by way of security to the said
loan and to sign any document, transfer form, pledge deed etc. that may be
required by Bank of India.
10. To receive disbursements of the loan and for that purpose give effective
discharge.
11. To manage/maintain the said property
12. To purchase property/ies on my/our behalf in my/our name and to pay
consideration and to sign , execute, present and Register the agreement for
sale, deed of conveyance etc as the case may be and to do all the necessary
things to complete the registration formalities as required under law for perfecting
the title of the said property.
13. To apply for and to obtain necessary clearances, permissions and consents
required in connection with the purchase/construction/management of said
property
14. To apply for and obtain all clearances , certificate(s) and /or no objection/s
required from the concerned authority for perfecting the title/construction etc,.
15. To take possession of the properties which have been purchased on my behalf.
16. To sign forms documents and papers required for the purpose of registration with
Co-operative Housing Society or Limited Company or Association of Apartment
Owners and become member thereof participating in all the meetings and
proceedings from time to time, obtain share certificates and or other documents
and deposit the same with Bank of India.
17. To pay or allow all taxes, rents, charges, dues, expenses and all other payments and
outgoing whatsoever due and payable or which may become due and payable by me in
any account in connection with the any of the premises/immovable property and/or any
part thereof.
18. To repay Principal, Interest, Installments, Charges etc. as stipulated / demanded by Bank
of India.
19. To acknowledge debts and confirm securities from time to time.
20. To sign and execute letter/agreement of set of, lien etc as required by Bank of India and
to sign and to execute all necessary documents/forms as required by bank of India from
time to time in connection with the aforesaid loan sanctioned/to be sanctioned by Bank of
India .branch and to offer/create any security in favour of Bank
of India.
21. To exercise all powers, discharge rights, duties, functions, privileges, benefits and to do
other acts of any nature whatsoever which I may be or become empowered or required
to exercise or to do in respect of any of my premises/immovable properties or any part
thereof herein mentioned or otherwise howsoever.
22. To commence and prosecute any action, suit or other proceedings at law against any
person or persons in respect of any of the matters or things herein contained and to
appear and defend action, suits or other proceedings commenced against me or
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 whereunto I maybe a party and also if the said attorney may think fit or to compromise,
refer to arbitration, submit to judgment, discontinue or become non-suited in any such
action or proceedings as aforesaid.
23. To accept Notices, Services of Writ of Summons or other legal processes that may be
served upon me and to appear and represent me in any court of justice and before
magistrates of judicial, quasi judicial bodies or other officers, whatsoever as the said
attorney may think and proper.
24. To declare and affirm all Plaints, Written Statements, Applications, petitions, Affidavits and
other necessary Documents in my name(s) and on my behalf and to appear before any
Judge, Magistrate, Proceedings or any other inquiry relating to any of the matters herein
mentioned. To sign Letter of Authority, Vakalatnama and engage Advocates, Solicitors
and pleaders to appear in Courts.
25. To adjudicate the security documents executed or to be executed in respect of the loan,
to pay the proper stamp duty on the documents already executed/to be executed
including penalty, if any.
26. If required sign all Application form/s, documents and apply for an obtain Certificate as
required under section 230A of Income Tax Act, 1961.
27. To offer and/or enter into compromise with Bank of India and to give consent for private
treaty/sale and or to give consent/permission and to execute necessary documents
whatsoever as required by Bank of India for sale/public auction/E-auction/Private Treaty
under SARFAESI Act or any other law time being in force.
28. To give necessary permissions, No objection and/or to sign any documents/forms /
acknowledgements / permissions etc as may be required by Bank of India for
transfer/assignment of its debt in favour of any Asset Recovery Company’s or to any
other person(s) as decided by bank of India.
29. AND GENERALLY to sign all letters, correspondences, documents, to execute and
perform any other act, deed, matter or thing whatsoever which ought to be executed,
performed or which in the opinion of the said attorney ought to be done, executed or
performed in or about any commitment, or whatsoever nature and kind as fully and
effectually to all intent and purposes, as I could do myself.
30. l do hereby give and grant unto my said attorney full power and absolute authority from
time to time to appoint one or more substitute or substitutes and delegate all or some of
the powers contained in this Power of Attorney to such substitute or substitutes, including
to remove and to appoint another or others in his/her or their place.
31. And I do hereby declare that the said attorney shall have full Power and absolute
authority to act in the matter and premises aforesaid as fully and effectually as if I would
have acted myself.
32. I confirm and declare that I have not executed any other power of attorney in favour of
any other person(s) and this power of attorney is irrevocable till the entire loan together
with interest, costs, charges, expenses and all other amounts payable to Bank of India
are fully paid by me and Bank of India discharges me in writing . I further undertakes
that I will not avail any loan/advances etc and to make any further financial obligations

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 from any other banks/Financial institutions without the written consent
from bank of India.
33. And I do hereby, agree and undertake to ratify the acts, deeds, matters and
things done by the said attorney under this Power of Attorney.

SCHEDULE
(Description of the roperty)

In witness whereof I have subscribed my signature on this Power of Attorney

On 06 day of June 2020

SIGNED AND DELIVERED by the

Within-named MR .B B
(Signature of)

Photo Thumb
Imp.
In the presence of:
1. _______________________(Full Name)________________
_________________________ (Address)(Sign. Of Witness 1)
2. _______________________(Full Name) ______________
_________________________ (Address) (Sign. Of Witness 2)

Attested & Identified By:

ACCEPTED by the

within named MR . A A
the "Attorney" (Signature of Attorney)

Photo Thumb
Imp.
In the presence of:
1. _______________________(Full Name)________________
_________________________ (Address) (Sign. Of Witness 1) 1
2. _______________________(Full Name) ______________
_________________________ (Address)(Sign. Of Witness 2)
Attested and Identified By: