GENERAL POWER OF ATTORNEY WITH POWER TO SELL TO A BLOOD RELATION
Executed at __________ on __________. Signed __________. Governing jurisdiction: __________.
as my true and lawful attorney, to act for me and in my name in respect of the property described in the Schedule below (the "Property"), on the following terms.
- 1. SUITABILITY OF THE ATTORNEY
- 2. WHAT THIS DEED TRANSFERS, AND WHAT IT DOES NOT
2.1 This deed creates an agency and no more. It does not itself sell, convey, assign, gift or otherwise transfer any interest in the Property to the Attorney or to anybody else, and no person may treat it, or any receipt or agreement produced with it, as a conveyance.
2.2 Following Suraj Lamp & Industries Ltd. v. State of Haryana, decided 11 October 2011, reported at (2012) 1 SCC 656, an interest in immovable property passes only under a duly stamped and registered instrument of transfer. The power this deed grants lets the Attorney negotiate a sale and execute and register the actual Sale Deed in the buyer's favour, receiving consideration on the terms in clause 5 below — it is that Sale Deed, when executed and registered, that transfers title, not this power of attorney.
- 3. THE SALE POWER
3.1 The Attorney is authorised to negotiate the sale of the Property, to execute an agreement to sell if the Attorney judges one useful, and to execute, present for registration and get registered a Sale Deed conveying the Property to a buyer, and to do every act reasonably incidental to that sale, including obtaining any no-objection certificate, clearance or permission the property's title requires before it can be sold.
- 4. MINIMUM PRICE
- 5. RECEIPT OF CONSIDERATION
- 6. DURATION AND REVOCATION
6.3 The Principal may revoke this power at any time by a separate written revocation, and if this deed is registered, the revocation should also be registered so that the same record shows both.
6.4 If the Attorney dies, renounces in writing, becomes of unsound mind or is adjudicated insolvent, this agency ends under section 201 of the Indian Contract Act, 1872 and cannot be transferred to somebody else. If the Principal dies, this deed dies with the Principal; heirs must take out their own succession documents and cannot act on it, and any sale not completed before the Principal's death cannot be completed under this deed afterward.
- 7. INDEMNITY AND ACCOUNTING
7.1 The Attorney shall keep the Principal informed of the progress of any sale, account for every sum received under clause 5, and indemnify the Principal against loss caused by the Attorney's own default, fraud or breach of this deed.
7.2 A buyer, Sub-Registrar or bank dealing with the Attorney in good faith, on the strength of this deed and before receiving notice of its revocation, is protected notwithstanding a private breach of duty by the Attorney under clause 7.1, without prejudice to the Principal's remedy against the Attorney personally.
WITNESSES
Signature: ______________________________
ACCEPTANCE BY THE ATTORNEY
Signature: ______________________________
SCHEDULE — THE PROPERTY