IRREVOCABLE POWER OF ATTORNEY
I, __________, son/daughter/wife of __________, residing at __________ (the "Principal"), do hereby appoint, constitute and nominate:
__________, of __________ (the "Attorney"),
to be my true and lawful attorney, in my name and on my behalf, in respect of the property and powers described below, upon the terms and subject to the conditions of this Power.
RECITALS
A. The subject matter of this Power is: __________.
B. The Attorney has an interest in that subject matter, namely that __________. Particulars: __________.
D. Because the Attorney has an interest of their own in the subject matter of this Power, the Principal grants this Power as one coupled with interest within the meaning of s.202 of the Indian Contract Act, 1872, and intends it to be irrevocable to the extent stated in clause 5 below.
E. THIS POWER DOES NOT TRANSFER OWNERSHIP OF ANY IMMOVABLE PROPERTY. In Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656, the Supreme Court of India held that immovable property can be transferred only by a registered instrument of conveyance, and that a power of attorney is an instrument of agency, not of transfer. Nothing done by the Attorney under this Power passes title to any immovable property; title passes, if at all, only by a separate registered Sale Deed, Gift Deed or Exchange Deed executed in accordance with law.
NOW THIS POWER OF ATTORNEY WITNESSES as follows.
- APPOINTMENT
1.1 The Principal appoints the Attorney as the Principal's true and lawful attorney, to do the acts described in clause 6 and clause 7 in relation to the subject matter described in Recital A, in the Principal's name and on the Principal's behalf, as fully and effectually as the Principal could do personally.
- THE SUBJECT MATTER
2.1 This Power relates only to: __________, more particularly described, where necessary, in the Schedule to this Power. The Attorney has no authority under this Power in respect of any other property or right of the Principal.
- THE ATTORNEY'S INTEREST
3.1 The Attorney's interest in the subject matter is as recorded in Recital B, supported by the particulars there. The Principal confirms that this interest genuinely exists and is not recited merely to attempt to make an otherwise ordinary power irrevocable.
- SALE AND CONVEYANCE
4.1 __________
4.2 For the avoidance of doubt, and whatever clause 4.1 provides, nothing the Attorney does under this Power itself transfers ownership of any immovable property forming part of the subject matter; any such transfer requires a separate registered conveyance executed in accordance with the Transfer of Property Act, 1882 and the Registration Act, 1908, as Recital E records.
- IRREVOCABILITY
5.1 Under s.202 of the Indian Contract Act, 1872, because the Attorney has an interest of their own in the subject matter of this Power, this Power cannot be revoked by the Principal alone, to the prejudice of that interest, without the Attorney's consent, for so long as that interest subsists.
5.2 This Power does not terminate on the Principal's death or on the Principal becoming of unsound mind, to the extent, and only to the extent, necessary to protect the Attorney's interest recorded above, consistently with the proviso to s.201 of the Indian Contract Act, 1872.
5.3 This Power remains revocable in the ordinary way, on reasonable notice, once the Attorney's interest recorded in clause 3 has been fully satisfied, discharged or has otherwise ceased to exist — irrevocability under this clause is coextensive with the interest that supports it and is not perpetual.
5.4 Nothing in this clause prevents a court of competent jurisdiction from revoking, restraining the exercise of, or declaring void this Power on grounds of fraud, coercion, undue influence or other lawful ground.
- STANDARD POWERS
6.1 Subject to clauses 2 and 4, the Attorney may, in relation to the subject matter: sign, execute and deliver applications, letters, receipts and other papers reasonably necessary to protect or give effect to the Attorney's interest recorded above; receive notices, payments and correspondence addressed to the Principal that relate to the subject matter; represent the Principal before any government office, utility or authority in matters relating to the subject matter; and institute, defend, compromise or withdraw legal proceedings relating to the subject matter in the Principal's name, engaging advocates for that purpose.
- ADDITIONAL POWERS
7.1 __________
- GENERAL
8.1 The Attorney shall act honestly, in good faith, and consistently with the interest recorded in clause 3, and shall keep the Principal reasonably informed of anything material done under this Power.
8.2 The Attorney may not sub-delegate this Power to another person without the Principal's prior written consent, except to engage professionals (advocates, chartered accountants) in the ordinary course of exercising powers under clause 6.
8.3 This Power is governed by the laws of India, and the courts at __________ alone have jurisdiction over any dispute arising from it, without prejudice to clause 5's operation under the Indian Contract Act, 1872.
8.4 If any provision of this Power is held invalid or unenforceable, the rest continues in effect.
IN WITNESS WHEREOF the Principal has executed this Power of Attorney at __________ on __________.
SIGNED AND DELIVERED by the PRINCIPAL
__________
Signature: ______________________________
ACCEPTED by the ATTORNEY
__________
Signature: ______________________________
WITNESSES
- __________
__________
Signature: ______________________________
- __________
__________
Signature: ______________________________