Sunday, June 29, 2014

ITR-5

  1. CBDT has released ITR-5 which is applicable for Income Tax Return (ITR) of firms, AOPs, BOIs and LLPs for A.Y. 2014-2015. CBDT has released Java utility of ITR-5 and we expect Excel utility also to be released soon.

Power of Attorney by a Partnership Firm in Favour of Firms Manager

TO ALL TO WHOM THESE PRESENTS SHALL COME, We (1) X residing at ………. (2) Y residing at ………. and (3) Z residing ………. at the partners of M/s…………………………… a firm duly registered under the Indian Partnership Act being No……………………. hereinafter referred to as the “said firm”, carrying on the business of ………………. do hereby nominate, constitute and appoint Shri …………………….. son of ……………… resident of …………………………..(hereinafter referred to as “the Attorney”) as our attorney to act for us and in our name and on our behalf, and for and in the name of the firm to execute and perform all or any of the following acts, deeds, matters and things, namely:
(1) To carry on the business of the said partnership firm M/s……………
(2) To buy and sell all goods, things, commodities and merchandise connected with the business of the said firm and to pay and receive moneys in respect thereof.
(3) To represent the firm to all intents and purposes before the Government, authorities, organisations, corporations, persons, companies in or outside India in connection with the business of the said firm and to sign all contracts, agreements, orders, letters, receipts, documents, papers and writings whatsoever and to conclude all contracts and to submit tenders, estimates, quotations, etc. to the prospective customers.
(4) To ask, demand, sue for recovery, receive and collect all moneys due and payable to the said firm in connection with its business from any person or persons, company, association, Government Department, including any statutory body or authority and to give valid receipt and discharges therefor.
(5) To appear before and represent the firm before income-tax, sales-tax and other authorities, municipal corporation, railways, Indian Airlines, in all courts having civil, criminal, revenue, original, appellate or revisional or special jurisdiction and before any other tribunal, government, semi-government offices, judicial or administrative tribunals and authorities.
(6) To sign all applications and forms required for the licences, permits, etc. from Central Government, State Government, municipal or other statutory authority as may be necessary or requisite for the purpose of carrying on or developing the business of the firm.
(7) To draw, accept, endorse, negotiate, pay or satisfy any bill of exchange, promissory notes, cheques, drafts, hundies, orders for payment or delivery of money, securities or goods, bills of lading or other negotiable or mercantile instruments or securities which may be deemed necessary or proper for the business of the said firm.
(8) To borrow moneys as may be required from time to time for the business of the firm from any bank by way of overdraft or cash credit account without security or with security by pledge, mortgage or hypothecation of any of the movable or immovable assets of the firm or by way of drawing hundies, or in any other way on such terms and conditions as the said authority may think fit.
(9) To operate bank accounts in the name of the firm, and to obtain overdrafts from any such bank or banks against such security of the said firm and to execute all documents and instruments required necessary for the said purpose.
(10) To appoint any employee, accountant, consultant or agents for the business of the said firm and to settle and pay their remuneration and fix up conditions of service and to dismiss or discharge them at his discretion.
(11) To institute, defend, prosecute, enforce or oppose any suit, action, proceedings, appeal or revision in any court in India or outside India or before any tribunal of arbitration or industrial court, whether by and on behalf of the said firm or against it, to engage any solicitor, advocate, counsel or pleader as may be necessary for prosecuting and defending in the premises aforesaid or any of them or in any other matters relating to the conduct of the business of the said firm, and to sign vakalatnama to sign and for the aforesaid purposes to sign, declare, verify or affirm plaints, written statements, petition, and other pleadings and also to present any memorandum of appeal, revision, review application, writ petition, etc. on behalf of the firm.
(12) To compound, compromise, settle, withdraw, adjust, submit to arbitration any claim due to or due by the firm from or to any person and compromise or withdraw any suit, or other legal proceeding, filed by or against the firm on such terms and conditions as the said Attorney may think fit or to abandon or waive any claim.
(13) To enter into agreement and execute such deeds as shall be required or may be deemed proper for or in relation to all or any of the matters or purposes aforesaid.
(14) And generally to do all acts, deeds and things as may be necessary on behalf of the said firm to all intents and purposes as we constituting the said firm could do, if personally present.
Provided that the said attorney shall always keep and maintain a true and correct account of all transactions and dealings done by him in relation to the business of the said firm and affairs, ancillary an incidental thereto and furnish the same to us at reasonable times as and when demanded and this Power of Attorney will remain valid and in full force notwithstanding any change in the constitution of the firm.
And we hereby for ourselves, our heirs, successors, executors and administrators ratify and confirm and agree to ratify and confirm all such lawful acts, deeds and things done and executed by the said Attorney shall do or purport to do by virtue of these presents.
IN WITNESS WHEREOF, we the present partners of the said firm have hereunto set and subscribed our respective hands on this ……………….. day of ………….. 19 ……..
Signed and delivered by the within named
Signed and delivered by the within named Smt. ………
WITNESSES;
1.
2

Power of Attorney by Landlords in Favour of Developers

KNOW ALL MEN BY THESE PRESENTS we (1) ……………………. (2) ………………………. (3) ………………………. (4) ………………….. resident of …………………….. SEND GREETINGS:
WHEREAS we are absolutely seized and possessed of or otherwise well and sufficiently entitled to a piece of land situated at ……………………………………….. and, more particularly described in the Schedule I hereunder written.
AND WHEREAS by an agreement for sale dated ……………………….. executed by us as ourselves of the ONE PART and Shri ………………………… and Shri …………………….. as purchasers of the OTHER PART, we have agreed to sell a portion of the said land admeasuring ………………. sq. meters, hereinafter referred to as the said property, more particularly described in the Schedule I hereunder written.
AND WHEREAS in pursuance of the said Agreement for sale, we have handed over the possession of the said property to the purchasers on …………………….. which they have accepted and now the purchasers are in lawful possession of the said property.
AND WHEREAS the purchasers have requested us to grant Power of Attorney in their favour to enable them to set the plans sanctioned by the Bombay Municipal Corporation and other appropriate authority and to start construction on the said land and to do all other acts and things, which we have agreed to do.
NOW KNOW YOU ALL AND THESE PRESENTS WITNESS THAT we (1) …………….. (2) ………………….. (3) ……………….. (4) ………….: do and each of us doth hereby nominate, constitute and appoint (1) Shri …………… and (2) ……………………. hereinafter referred to as our Attorney, to be our true and lawful attorneys in our name and on our behalf to do jointly or severally all and/or execute all or any of the following acts, deeds, matters and things for us and on our behalf and in our names viz.
1. To develop and sell the buildings consisting of flats for residential purpose in the said property.
2. To apply, for permission/exemption from the Competent Authority, the State of _________ and/or any other authority/ authorities under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 (for brevity ULC&R Act) and for the permission and/or sanction for development of the said property under the provisions of ULC&R Act, and for that purpose to make any declarations, sign forms in our name and on our behalf as our Attorney(s) shall deem fit and proper also to appear before appellate authorities under the said ULC&R Act and/or State Government in connection with the permission for transfer of the said property as also development of the said property as aforesaid and generally to do various acts, deeds, matters and things connected with the matters relating to ULC&R Act in the manner our said Attorney(s) may deem fit and proper and conducive in connection with all matters pertaining to Urban Land Ceiling clearance.
3. To make and prepare and/or cause to be made and prepared at their entire cost all such layout, sub-division, plans, specifications and designs and/or any alterations in the existing plans and/or specifications as may be necessary, required and advisable at the discretion of our said Attorney(s) for the purpose of constructing the buildings on the said property to Municipal Corporation of _________ and/or any other Concerned Authority and/or Government of _________ and/or Local Bodies and to engage the services of any Architect, Engineer, Consultant, or any person as may be necessary or advisable at the discretion of our said attorney and to pay necessary fees and premium required for getting the plans sanctioned and do all other acts and things as may be necessary for getting the plans of the proposed buildings sanctioned by the Municipal and other authorities.
4. To pay and discharge all ground rent, taxes, rates, assessments, charges, deductions, expenses and all other payments and outgoings whatsoever due and payable or which may hereafter become due and payable for or on account of the said property from the date of the said agreement onwards.
5. To commence, carry out and complete and/or cause to be commenced and completed, construction work at their entire cost on the said property in accordance with the sanctioned plans and specifications and so far as any construction work is concerned, to see that all applicable rules and regulations, which are made by the Government of _____________ and/or Municipal Corporation of _____________ and/or Town Planning Authorities and/or Collector and/or any other Competent Authority or authorities for the time being are strictly observed.
6. To invite tenders and offer for the purpose of construction of one or more buildings or structures on the said property, to accept such tenders or offers and such consideration and on such terms and conditions as the said attorneys may in his/their absolute discretion deem fit, to give the construction contract to such person(s) as our said attorneys may deem fit and proper and to get all such buildings or structures duly completed by the said contractors and to enter into such arrangements with such and other person or persons or body or bodies whether corporate or otherwise for the purpose of development of the said property wholly, partly or in stages and for constructions of buildings or structures thereon and/or furnishing the premises therein as the said attorneys may in his/their absolute discretion deem fit and to pay the cost of construction and development of the said buildings or structures and furnishing of the premises to such contractors and other persons or bodies and to obtain valid receipts and discharges therefor to enter into contracts for supply of materials, labour and for all other services as may be required for development and construction of the buildings or structures on the said property on such terms and conditions as my/our said attorneys may in his/their absolute discretion deem fit and proper.
7. To carry on correspondence with all concerned authorities and bodies including the Government of ___________ and all its departments, the Municipal Corporation of ___________ and/or City Survey Officer and/or Police Authorities for the time being in connection with the sanction of plans, obtaining of floor space index for the construction proposed to be carried out on the said property and any other matters pertaining to the said property.
8. To deal and correspond with Municipal Corporation of ____________ including all its Departments or officers or any other officers or Authorities in connection with or relating to or to the said property hereunder and in particular to do the following acts, deeds, matters and things viz.:
(a) To apply for and obtain, sanction, revalidation with further alterations or additions or modifications, as our said Attorney(s) may require;
(b) To apply for and obtain the occupation and/or completion certificates in respect of the buildings to be constructed and completed on the said property;
(c) To deal with the Assessment Department of the Municipal Corporation of ___________ and to get the assessment from the Municipal Corporation of __________ of the said property.
9. To appear and represent us before any and all concerned authorities and parties as may be necessarily required and/or advisable in the sole discretion of our said Attorney(s) for or in connection with the development of the said property and to make such agreements arrived at such arrangement as may be conducive to the development work and completing the same.
10. To enter upon property at any time, affix board, put the barbed wire fencing or construct a compound wall on the said property or any portion thereof as per demarcation thereof and to make all payments for getting the work done.
11. To represent before the public, local and/or private authorities in respect of the development of the property and to make such of the actions and things as may be necessary for effectually commencing the said development work and completing the same.
12. To deal with the correspondence with the ________ Electric Supply and Transport Undertaking Ltd. for obtaining electric connection including execution of lease deed in respect of any portion of the said property for the purpose of enabling the _________ Electric Supply and Transport Undertaking Ltd. to put up and erect an electric sub-station for the supply of electricity to the buildings that may be constructed on the said property and for that purpose to sign, all letters, applications, undertakings, terms and conditions as may from time to time be thought necessary or as may be required by the concerned authorities.
13. To empower on our behalf and in our name and to represent our interest before the City Survey Authorities, Land Record Authorities, Collector of land Revenue and Assessors of Municipal Rates and Taxes, Town Planning Authorities, Commissioner of Police and Municipal Commissioner and other officers for the grant of the licences or permits or for any other purpose or renewal thereof as may be necessary under any local Act, Rules, Regulations or Bye-laws and also to appear before any public or Government officer or other Authorities whosoever.
14. To make applications for connections, electric supply and other incidental requirements which may be required for the purpose of development of the aforesaid property.
15. To ask, demand, sue for, enforce payment or/and recover and receive and give effectual receipt and discharge from any person or persons, rents and/or compensation and/or mesne, profits in respect of the said property which now are or which at any time or times hereafter may become due and payable to us.
16. To apply for refund of deposits made or to be made with the Municipal Corporation of ___________, ________ State Electricity Board and other concerned Authorities and receive the said refunds.
17. To nominate, appoint, engage and authorise solicitors, advocates, Income-tax and sales tax practitioners, Chartered Accountants, Architects, Surveyors, Engineers, Contractors, Sub- Contractors and other professional agents and to sign and give warrants or vakalatnamas or other necessary authorities in their favour from time to time and to revoke their appointments and pay their remuneration including special fees and charges.
18. To make, sign and submit applications, petitions, letters and writing appeals, etc. to appropriate Government Departments, Local authorities and/or other Competent Authorities under the Urban Land (Ceiling & Regulation) Act, 1976 or any other law or any other authorities for all and any licences, permissions, exemptions, sanctions and consents required by any law or otherwise in connection with the management, improvements and development of the said property.
19. In connection with or relating to the said property to take action against person or tenants, occupiers, etc. if any, in any court, to represent us in any Court of law and to sign all applications, plaints, written statements, applications, affidavits, review, appeal, petitions, on our behalf from time to time be found necessary, proper and/or enter into any agreement relating to said development of property or to refer the same to arbitration or to otherwise deal with the same as effectively to all intents and purposes aforesaid to appoint Advocates(s), Solicitors and Counsel and to sign vakalatnama and/or authorisations on our behalf, but at their entire risk as to costs.
20. In case the said property or any part thereof is notified for acquisition or requisition or reservation or road widening, to appear before the relevant authorities and to file applications, objections, claims for compensation or otherwise and to do all other acts, deeds, matters and things as may be necessary in that behalf and to file appeals, references, petitions against any order or orders made by such acquisition or requisitioning authorities and to accept service of any writ, summons or other legal proceedings or motion and to appear and represent us in any court and before all magistrates, judges, judicial officers and other authorities and tribunals whatsoever as by the said attorney’s shall be thought advisable and to commence and continue any suit, petitions, actions or any other proceedings in any court of law and before any public officers or tribunals for receiving compensation for acquisition, requisition, reservation and/or relief for de-acquisition or de-requisitioning or de-reservation or otherwise whatsoever.
21. To make application to the authorities of the Municipal Corporation ___________ and such other private and public authorities for making availability of water, electricity, etc. on the said property that may be required for commencing the development work and to complete the same and for that to execute necessary writings including undertakings.
22. To make applications to the government or semi-government authorities for sanction of cement and steel and/or such other building materials as may be required for the said development work and for that purpose to execute necessary writings including undertakings and bonds and to furnish necessary deposits for the same.
23. To manage the said property written hereunder and to take such of the steps as may be necessary to manage the said property till the time of completion of the said development.
24. To evict or take possession of the said property in occupation of the tenants, occupants or trespassers, if any in the said property or any part thereof and to take all steps in that behalf such as negotiation, settlement, compromise or make agreements to get their rights surrendered and extinguished and also to create tenants of such duration as our attorney(s) shall deem fit either in our name or in the name of our attorneys and to collect and receive rents.
25. To mortgage the said property or any part thereof in favour of any bank(s) or other financial institutions in such a manner as the attorneys think fit and proper for obtaining a loan by the attorneys and also to execute necessary deeds, affidavits, indemnity bonds or other relevant documents for creation of mortgage or charge on the said property, as the attorneys think fit.
26. To sign and execute all papers, correspondence and all other deeds and assurances and documents of any kind whatsoever which we ourselves could have done for the completion of the said development work.
27. To attend and to represent us before any Collector, Authorities or officers of Government of India or any other State or States, before all Revenue, Municipal, Public or other officers including those of Income-tax as occasion shall arise for any purpose connected with the said development work.
28. To do any act, deed or thing, as our said Attorney(s) may deem fit and proper and necessary in the best interest of ourselves and in the best interest of the said property.
29. To do all other acts and things which may be necessary to be done for rendering these presents valid and effectual to all intents and purposes in the best interest of the said property.
30. For any of the purposes mentioned hereinabove to sign all applications, papers, undertakings, terms and conditions as may be required from time to time, at their own cost.
31. To advertise in the newspapers for the sale of residential flats in the development and to enter into agreements for the sale of such residential flats with the prospective purchasers on and for such price or consideration and upon such terms and conditions as our said Attorney(s) shall deem fit and proper and for the same and also to execute all such writings as may be necessary, effectually entering into the said Agreements for sale of residential flats and to do all such necessary acts and things as may be necessary or proper in that behalf.
32. Subject to fulfillment of obligations under the said agreement of development, to sign and execute for us and on our behalf the conveyance(s) in favour of our said Attorney(s) and/or their nominee or nominees including co-operative society(s) and to present any such conveyance(s) for registration to admit execution and receipt of consideration before the Sub-Registrar having authority for and to have the said conveyance(s) registered and to do all acts, things and deeds, which our said Attorney(s) shall consider necessary for conveying the said property to the purchaser or their nominee or nominees as fully and effectively in all respects as we could do the same ourselves.
33. To apply for no-objection certificate or necessary permissions from the Municipal Corporation of Greater Bombay (Fire Brigade Department) for occupying the building and to do all acts, deeds or things for the said purpose.
34. To sign declarations as may be required under section 269UC Of the Income-tax Act, 1961 and application under section 230A(I) of Income-tax Act, 1961 and to appear before any tax authority on our behalf to do all the acts, deeds, matters and things necessary for obtaining certificates under the Income-tax Act, 1961.
35. To present for registration with the registering authority the document or documents of whatsoever nature executed by us and to admit the execution thereof before the registering authority.
36. To sign, transfer forms, documents and writing for transferring the property in the records of Government or municipal authorities and other public authorities and to do all other acts in connection therewith.
37. For all or any of the purposes of and power, authorities and discretion conferred by these presents to use and sign in our names or in which we may be in any way interested or to use and sign his/their name as our attorney(s) shall think fit without any reference or recourse to us.
38. And also for more effectually doing, executing and performing the several matters and things aforesaid to appoint from time to time or generally such person or persons as our attorney(s) may think fit as their substitute or substitutes, to do, execute and perform all or any of such matters and things as aforesaid and any such substitute or other in his or their place and we hereby agree at all times to ratify and confirm whatever our attorneys or any such substitutes or substitute shall lawfully do or cause to be done in or about the said properties and even in case of demise of any of us our heirs and successors-in-title or administrators and assigns shall remain bound to reconstitute our said attorney or their nominees with such powers as per their directions.
39. And to do every thing whatever which may be at the sole discretion of our said Attorney(s) deemed fit, or expedient for sale and/or enjoyment and/or development of the said property and which we ourselves could do if personally present and as if this power had not been executed.
40. And generally to do and cause to be done all acts, deeds, matters and things as our said Attorney(s) shall think fit and proper for the purpose of sale of flats and enjoyment and the development of the said property, as amply and effectual as we could have personally done.
41. All charges and expenses of and incidental to any act, deed, matter or thing done or caused to be done by our said Attorney(s) in exercise of any power or powers herein contained shall be borne and paid and provided for by our said attorney(s) alone and we shall not be responsible for the same and the said Attorney(s) shall indemnify and keep indemnified our estate and effects from and against the payment of the aforesaid costs, charges, that may have to be paid by us by reason of our Attorney(s) doing or causing to be done any act, deed, matter or thing by virtue of these presents.
42. This power of attorney shall not be revoked by us for the reasons or on the grounds whatsoever and it shall remain irrevocable till the said constituted attorneys complete the development work and put the third party or parties in possession of the said flats duly constructed by them and until the conveyance(s) of the said property is executed in favour of our said attorney(s), their nominee/nominees, assignee including co-operative society or societies.
43. Upon the death or incapacity of any of the Executants hereof, this power of attorney shall not become inoperative in respect of other Executants. In such an eventuality, it shall be the responsibility of such other Executants to obtain additional power of attorney from the legal heirs of such deceased executant.
44. AND WE THE ABOVENAMED HEREBY AGREE AND UNDERTAKE to ratify and confirm all and whatsoever the said attorneys under the power in that behalf and shall lawfully do or cause to be done in the premises either jointly and/or severally aforesaid by virtue of these presents.
IN WITNESS WHEREOF, we have hereunto set and subscribed our hands at ………. as aforesaid this …………. day of ………….. 2000.
The Schedule I above referred to
The Schedule II above referred to
Signed and delivered by the within named
(1)
(2)
(3)
(4)
WITNESSES;
1.
2.
Identified by me
Advocate

Power of Attorney to Present Deed of Family Arrangement before Registrar

THIS POWER OF ATTORNEY granted at ……….. this …………. day of ……………….. 19 ………. by …………………….. son of Shri ………………………… resident of ………………………….. (hereinafter referred to as ‘the Donor”) in favour of Shri ………………………….. son of Shri …………………………. resident of ………………………………… (hereinafter referred to as “the Donee”).
WHEREAS I, my brothers S/Shri ………………… and ………………… have entered a Deed of Family Arrangement (with two counterparts thereof) which Deed of Family Arrangement relates to the piece and parcel of land at ………………………………. more particularly described in the Schedule hereto.
AND WHEREAS the said Deed of Family Arrangement (and its two counterparts) have to be lodged for registration with the sub-Registrar at …………. or at ………………….. I am not in a position to go over to ……….. to personally present the said Deed of Family Arrangement (and its two counterparts) before the Sub-Registrar at ……….. or at ……….. and I am therefore desirous of appointing the Donee as my agent and empowering him to lodge for registration and admit execution of the said Deed of Family Arrangement (and its two counterparts) before Sub-Registrar of Assurances at ……….. or ……….. to do and complete everything necessary on my behalf to complete registration of the said Deed of Family Arrangement (and its two counterparts).
NOW THESE PRESENTS WITNESS that I ………… do hereby appoint Shri ………………………. son of Shri …………………………… resident of …………………………. ………… to be my true and lawful attorney and on my behalf to do all or any of the following acts:
1. To present for registration the said Deed of Family Arrangement (and its two counterparts) before either the Sub-Registrar of Assurance at ………….. or other registering authority in ………………
2. To admit execution of the said Deed of Family Arrangement (and its two counterparts).
3. To do all acts and deeds and things as may be necessary or proper for the registration of the said Deed of Family Arrangement (and its two counterparts).
4. To receive back the said Deed of Family Arrangement (and its two counterparts) duly registered and to sign and deliver proper receipts for the same.
I hereby agree to confirm and ratify all such acts, deeds or things as may lawfully be done by my said Attorney on my behalf and in my name in pursuance of these presents and the same shall be binding on me and be in full force and effect.
IN WITNESS WHEREOF, I …………………………… have set my hands to these presents at ……………………….. the day and year first hereinabove written.
The schedule above referred to
Signed and delivered by the within named
………………
WITNESSES;
1.
2.
Identified by me
( ) Before me
Advocate Notary Public

Power of Attorney for Execution and Presentation before Sub-Registrar

KNOW YE ALL MEN BY THESE PRESENTS that I ………………… son of Shri ……………………… residing at …………………………………. send GREETINGS:
WHEREAS I am a resident of ________ now AND WHEREAS I intend to sell plot No ……………….. admeasuring ………………….. sq. mtrs., situate in ………………. comprised in S. No. …………….. (Part) and ………………..(Part) purchased by me vide document No. ……………. registered in the office of the Sub-Registrar, _________ more particularly described in Schedule hereunder
AND WHEREAS it is not possible for me to go over personally to ________ for execution, admission and presentation for registration of the document.
I, the said ………………… do hereby nominate, constitute and appoint Shri …………………………. son of …………………….. resident of ………………………………. to be my true and lawful attorney for me and in my name and on my behalf to do or cause to be done all or any of the following acts, deeds, matters and things that is to say:
1. To negotiate, sell and to execute sale deed and necessary forms and papers relating to the execution of the sale of the property more fully described in the Schedule.
2. To declare the value of the property before the Sub-Registrar for purposes of registration of the said sale deed.
3. To present and lodge the sale deed for registration before the Office of the Sub-registrar of Assurances at ________ and to admit execution of the sale deed to receive consideration and give receipt and discharge and to do ail acts and things necessary for effectively registering the said sale deed.
4. To appear before any court or authority for the purposes of any matter relating to the registration, declaration of value or any other proceedings connected with the same.
5. To engage pleader or authorised representatives to act on his behalf in the said proceedings to do all other acts that may be necessary for the proper completion of the work assigned by me to my attorney under these presents.
6. To give possession of the said property to the purchaser by handing over vacant possession and execute possession certificate in favour of Purchaser.
7. To deposit the sale proceeds of the house in my Bank Account No. …………. with Bank of India ………………
8. To apply for and obtain Income-tax Certificate under section 230A, Income-tax Act, 1961 for registration of the said sale deed.
I do hereby ratify and confirm that all acts, deeds and things done by my said attorney shall be deemed to have been acts, deeds and things done by me personally and I undertake to ratify and confirm all and whatsoever that my said attorney shall do or purport to do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have executed this power …………….. on this ………….. day of ……………………, 2000.
The schedule above referred to
Signed and delivered by the within named
………………
WITNESSES;
1.
2.
Identified by me
( ) Before me
Advocate Notary Public

General Power of Attorney

KNOW ALL MEN BY THESE PRESENTS that, I, RP s/o late GR, r/o …………………………., do hereby appoint Mr. SK, Advocate, s/o Late BN r/o ………………………….. as many attorney and authorise them to do all or any of the thing jointly or severally on my behalf.
1. That the said attorney shall demand, collect and receive in my name and on my behalf all debt, loans advantages and other claims do to me . The are further empowered to take all lawful proceedings and means to recover and receive the said loans advances and debts etc. They are empowered to prosecute and defend to lawful action suits and claims and refer the matter to arbitrators, file the suit, compromise the suit and execute such instruments as they think proper and necessary.
2. The said attorneys are empowered to borrow from time to time such loans and advances as they think proper in my interest and furnish security of movable and immovable property on such terms and conditions as the think proper.
3. The said attorneys are empowered to sell, exchange, surrender, lease or depose of any houses and buildings lands, etc, which belong to me in such manner as they thing proper and expedient.
4. The said attorneys are empowered to invest my monies as my attorneys as any of the think proper and expedient .
5. The said attorneys are empowered jointly and severally to deposit the monies they collect on my behalf in my bank account.
6. The said attorneys are authorised to draw, accept, endorse, negotiate, retire, and pay any bills of exchange, promissory note cheques, and other negotiable instruments, as they think proper and expedient in my interest.
7. The said attorneys are authorised to operate to my bank account, close the bank account open bank account in some other bank as they think proper and expedient in my interest.
8. The said attorneys are authorised to let out or to give on lease my properties to the persons they think proper, recover rent, already due, and recover the rent as may due in future from time to time. They are further authorised to sue the persons for recovery to rent, to compromise the sue and do all other works concerning with it .
9. The said attorneys are authorised to take the property on lease and execute lease deed for and on my behalf as my attorneys.
10. They are authorised to call upon shares belonging to me and attend the meetings of any company of which I am the shareholders.
11. The said attorneys are authorised to appoint, or remove the agents to look after my estate and fix the salaries etc. of the agent of my behalf as my attorneys.
12. The said attorneys are authorised to do generally of all such things and acts as may attorneys or attorney, which shall be binding on me.
IN WITNESS WHEREOF I have signed this deed of power of attorney in the presence of the following witnesses :
Witnesses :
1…… Signature.
2……

Deed Creating Charge on the Property

This Deed made at ………………….. on this ………………….. day of ……………….., 2000, Between A, son of ………………… B, son of ………………….. and C, son of ………………….. all residents of …………………………, hereinafter collectively referred to as ‘the Party of the “First Part” of the ONE PART and Smt. X, wife of ……………. resident of ………………….. and Smt. Y, wife of ………………… resident of ………………… hereinafter collectively referred to as “The Party of the Second Part” of the OTHER PART.
WHEREAS A, B, C constitute joint Hindu family governed by Mitakshara law and the said joint Hindu family owned properties and assets:
AND WHEREAS the said A, B, C as members of joint Hindu family, partitioned the properties and assets of joint Hindu family between them vide Partition deed dated ………………. which was registered with Sub- Registrar ………………… on ………………… at No. …………………;
AND WHEREAS Smt. X and Smt. Y are the mother of Shri A, B and widow of D predeceased coparcener of the family and it was agreed between the parties of the first part that Smt. X and Smt. Y each will be entitled to a sum of Rs. 1,000 per month as maintenance allowance during their life time from the income of the assets and properties of joint Hindu family and the party of the first Part will pay the said amount to Smt. X and Smt. Y by tenth day of every month and it was also agreed that the said payment would be charged on the properties and assets of the Party of the First Part, being the land and premises situate at ……… and more particularly described in the Schedule here in under written, hereinafter referred to as the said premises.
NOW THIS DEED WITNESSETH THAT the payment of the sum of Rs. 1,000 per month by the Party of the First Part to Smt. X and Smt. Y, each by way of maintenance, during their lifetime payable by the Party of the First Part to the Party of the Second Part shall be a charge on the said premises and the Party of the First Part hereby charges the said premises with the payment of the said liability to pay maintenance to the Party of the Second Part.
And it is agreed between the parties that in the event of failure of the party of the First Part to pay the monthly payment on due dates, the Party of the Second Part will be entitled to enforce the charge by selling the said premises through the Court and to recover and receive the amount due out of the sale proceeds thereof.
IN WITNESS WHEREOF, the Party of the First Part have put their hands the day and year first here in above written.
The Schedule above referred to
Signed and delivered by the within named A, B and C
WITNESSES;
1.
2.

Deed of Simple Mortgage

THIS DEED OF SIMPLE MORTGAGE is made at… this … day of … between ‘A’ of ….. hereinafter referred to as ‘the Mortgagor’ of the One Part and ‘B’ of ….. hereinafter referred to as ‘the Mortgagee’ of the Other Part;
WHEREAS the Mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises situate at ……….. and more particularly described in the Schedule hereunder written.
AND WHEREAS the Mortgagor being in need of money to enable him to pay off certain existing debts and liabilities requested the Mortgagee to lend him a sum of Rs …… which the Mortgagee has agreed to do on the Mortgagor executing these presents with a view to secure the repayment thereof with interest as hereinafter provided.
NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of the sum of Rs ….. lent and advanced by the Mortgagee to the Mortgagor on the execution of these presents ( receipt whereof the Mortgagor doth hereby admit) he, the Mortgagor, hereby covenants with the Mortgagee that he will pay to the Mortgagee the said sum of Rs … on the ….. day of ….. (hereinafter referred to as the ‘due date’) with interest thereon in the meanwhile and until repayment of the said sum in full, at the rate of ….. per cent. per annum, every month, the first instalment of interest to be paid on the ….. day of …….. and each subsequent instalment on the ….. day of each succeeding month until the said principal sum of Rs …… is repaid in full, AND the Mortgagor further covenants with the Mortgagee that In the event of the Mortgagor failing to pay any monthly instalment of Interest, he will be liable to pay Interest on the said instalment in default at the same rate as aforesaid from the date of default until payment of such instalment as and by way of compound Interest, without prejudice to the right of the Mortgagee to take any action on default as hereinafter provided, AND It Is agreed and declared that In the event of the Mortgagor committing default in payment of any two Instalments of interest or in payment of the principal and interest on the due date or committing breach of any other term of this Deed, the whole amount of principal then due with interest thereon will at the option of the Mortgagee become payable forthwith as if the said due date had expired.
AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the Mortgagor doth hereby transfer by way of mortgage his said land and premises situated at …… and described in the Schedule hereunder written as a security for repayment of the said sum with Interest and all other moneys due and payable hereunder with a condition that on the Mortgagor repaying the said principal sum of Rs ….. with all interest and other moneys due to the Mortgagee ( hereinafter referred to as the mortgage amount) the Mortgagee will redeem the said land and premises from the mortgage security and shall if so required by the mortgagor execute a Deed of Release but at the costs of the Mortgagor.
AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that In the event of the Mortgagor failing to pay the said principal sum with all interest and other moneys when the same shall become due and payable under these presents. the Mortgagee will become entitled to have the said land and premises sold through any competent Court and to realise and receive the said mortgage amount out of the net sale proceeds of the said land and premises.
AND IT IS FURTHER AGREED AND DECLARED by the Mortgagor that he shall also be liable to pay and shall pay all the costs, charges and expenses that the Mortgagee will Incur for the protection of the mortgage security and or for the realisation of the mortgage amount and the same shall be deemed to form part of the mortgage amount and the security therefor as aforesaid.
AND IT IS FURTHER AGREED that during the pendency of the security hereby created and until repayment of the mortgage amount the Mortgagor will get insured and keep insured the buildings and structures standing on the said land against loss and damages due to fire or any other accident In the sum of at least Rs ………… with some Insurance Company of repute and pay all premium on the insurance policy as and when it becomes due and payable In respect thereof to such company and shall hand over the policy to the Mortgagee duly endorsed in his name as assignee And In the event of the Mortgagor failing to do so or to pay the premium, the Mortgagee will be entitled to Insure the said buildings and structures and/or to pay the premium thereon and the amount paid by the Mortgagee in respect thereof will be deemed to form part of the mortgage amount.
AND IT IS FURTHER AGREED that in the event of the said land and premises being destroyed or damaged by fire or any accident as aforesaid, the Mortgagee will be entitled to receive the insurance claim under such policy to the exclusion of the Mortgagor and to appropriate the same first towards all arrears of interest and then the principal amount or any part thereof as may be sufficient to pay the mortgage amount due and if any surplus remains the same only will become payable to Mortgagor.
IN WITNESS WHEREOF the Mortgagor has put his hand the day and year first hereunder written.
THE SCHEDULE ABOVE REFERRED TO:
Signed and delivered by the
Mortgagor Mr. A ………… in the presence of
1.
2.

Another Deed of Reconveyance for Reconveying Mortgaged Property

This Deed of Reconveyance made at …………. this ……………….. day of ………….. 19 …….. Between A son of ……………….. a resident of …………… hereinafter called the “Mortgagee” (which expression shall unless repugnant to the context or meaning thereof, include his heirs, executors, administrators, legal representatives, successors and assigns) of the ONE PART and Shri B son of Shri C, hereinafter called “the Mortgagor” (which expression shall unless repugnant to, the context or meaning thereof include his heirs, executors, administrators, legal representatives, successors and assigns) of the OTHER PART.
WHEREAS by an Indenture of Mortgage dated the ……………….. made BETWEEN the Mortgagor of the ONE PART and the Mortgagee of the OTHER PART and registered on …………… bearing No. ……………. of Book 1 in the Office of the Sub-Registrar, ………………….. (hereinafter called the “Principal Indenture”), the Mortgagor granted, conveyed, transferred, assigned and assured unto the Mortgagee the property bearing Plot No. …….., admeasuring 1000 sq. mtrs. thereabout together with the building erected thereon situated in the Registration sub-district of ……………… and the Registration District of ……………….. more particularly described in the Schedule hereunder written (hereinafter referred to as “the said Mortgaged Property”) to secure a loan of Rs. ………… (Rupees ……………… only) made by the Mortgagee to the Mortgagor together with interest thereon, subject nevertheless to the proviso for redemption therein contained.
AND WHEREAS the said loan of Rs. ……………. (Rupees …………………. only) together with the interest owing to the Mortgagee has been paid in full by the Mortgagor to the Mortgagee on or about ………………..
AND WHEREAS the mortgagor is now desirous of having a reconveyance of the said mortgaged property as hereinafter contained.
NOW THIS INDENTURE WITNESSETH that in consideration of the said loan and interest due and owing to the Mortgagee under the Principal Indenture being paid in full (the receipt whereof the Mortgagee doth hereby admit and acknowledge and of and from the same doth hereby acquit, release and for ever discharge the Mortgagor), the Mortgagee doth hereby grant, reassign, reconvey and release and for ever quit claim unto the Mortgagor. All that piece of land, hereditaments and premises comprised in and grant or otherwise assured by the Principal Indenture and more particularly described in the Schedule hereunder written with all the rights, easements and appurtenances as in the Principal Indenture expressed and all the estates, right, title and interest property, claim and demand whatsoever of the Mortgagee into, out of or upon the said land, hereditaments and premises by virtue of the Principal Indenture to have and hold the said land, hereditaments, premises hereby granted, reassigned, reconveyed and released unto and to the use of the Mortgagor for ever freed and discharged from all moneys secured and intended to be secured by the said Principal Indenture and from all actions, suits, accounts, claims and demands whatsoever either at law or in equity for, upon, on account or in respect of the said moneys or any part thereof or for, or in respect of the Principal Indenture or of anything relating to the premises and the Mortgagee hereby covenants with the Mortgagor that the Mortgagee has not done or executed knowingly, willingly, permitted, suffered or been party or privy to any act, deed, matter or thing whereby the Mortgagee is prevented from granting, reassigning and reconveying the said Mortgaged Property or any part thereof, are/is or can be impeached, encumbered or affected in title, estate or otherwise howsoever.
IN WITNESS WHEREOF the Mortagagee has set hand the day and the year first hereinabove written.
The schedule of the property
All that piece and parcel of plot of land bearing Plot No. …….. Survey No. ……………………………………………….. admeasuring 1000 sq. mtrs. or thereabout bounded as follows:
On the North by plot No. …………………………………………….
On the East by plot No. ……………………………………………..
On the South by 60’ wide road ……………………………………..
On the West by 60’ wide road ………………………………………
Signed and delivered by the within named mortgage
Signed and delivered by the within named mortgagor
WITNESSES;
1.
2.

Simple Mortgage Deed

This Deed of Mortgage made at …………………. this ……………. day of ………………. Between X, son of …………………………. resident of ………………………. hereinafter called as a mortgagor of the ONE PART and Y, son of …………………. resident of ……………… hereinafter called as a mortgagee of the OTHER PART.
WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the house bearing municipal no……………. situated on …………………… Road, ………………….. more particularly described in the Schedule hereunder written;
AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs. …………………… which the mortgagee has agreed on the mortgagor mortgaging his property.
NOW THIS DEED WITNESSETH THAT in pursuance to the said agreement and in consideration of the sum of Rs. ……………… at or before the execution of these presents paid by the mortgagee to the mortgagor (the receipt whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee that he will pay on the ………………… day of …………….. (hereinafter called “the said date”), the said sum of Rs. …………….. with interest @ …….. % per annum from the date of these presents till the repayment of the said sum in full, every quarter the first installment of interest to be paid on the ………………. day of ………. 2000 and each subsequent installment on the ……………. day of July, October, January and April of each succeeding year until the said sum is repaid in full.
AND THIS DEED FURTHER WITNESSETH THAT
In consideration aforesaid, the mortgagor doth hereby transfer by way of mortgage his house bearing municipal no …………….. situated on ………….. Road . …………………. and more particularly described in the Schedule hereunder written as a security for repayment of the said sum with interest @ ……………. per annum with the condition that the mortgagor, his heirs, executors, administrators or assigns shall on the said the pay to the mortgagee, his heirs, executors, administrators or assigns the said sum of Rs ………….. together with interest thereon at the rate mentioned above, the said mortgagee, his heirs, executors, administrators, or assigns shall at any time thereafter upon the request and at the cost of the mortgagor, his heirs, executors, administrators or assigns reconvey the said house, hereinbefore expressed to be mortgaged unto or to the use of the mortgagor, his heirs, executors, administrators or assigns or as he or they shall direct.
AND IT IS HEREBY AGREED AND DECLARED that if the mortgagor does not pay the said mortgage amount with interest when shall become due and payable under these presents, the mortgagee shall be entitled to sell the said house through any competent court and to realise and receive the said mortgage amount and interest, out of the sale proceeds of the house.
AND IT IS FURTHER AGREED AND DECLARED by the mortgagor that during the period, the mortgage amount is not paid and the said house remains as a security for the mortgage amount, the mortgagor shall insure the said house and take out an insurance policy in the joint names of the mortgagor and mortgagee and continue the said policy in full force and effect by paying premium and in case of default by the mortgagor to insure or to keep the insurance policy in full force and effect, the mortgagee can insure the said house and the premium paid by the mortgagee will be added to the mortgage amount, if not paid by the mortgagor on demand.
AND IT IS FURTHER AGREED THAT the mortgagor can grant lease of the said house with the consent of the mortgagee in writing.
AND IT IS FURTHER AGREED BY THE MORTGAGOR that he shall bear stamp duty, registration charges and other out of pocket expenses for the execution and registration of this deed and reconveyance deed but however each party will bear cost and professional charges of his Solicitor/Advocate.
IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder written.
The Schedule above referred to
Signed and delivered by X the within named mortgagor
Signed and delivered by Y the within named mortgagee
WITNESSES;
1.
2

Mortgage By Conditional Sale

THIS DEED OF SALE is made at ……………… this …………… day of ……………, 2000, between A, son of ……………… resident of …………………………. hereinafter called the “Vendor’ of the ONE PART and B, son of ……………… resident of ……………… hereinafter called the “Purchaser” of the OTHER PART.
WHEREAS the Vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises bearing Plot No. ……….. situated at, …………………………………. within the Registration District of ……………… and more particularly described in the Schedule hereunder written.
AND WHEREAS the Vendor is in need of Rs. ……………… for his business purposes and requested the purchaser to lend him the said sum, which the purchaser has agreed to do on the Vendor executing these presents.
NOW THIS DEED WITNESSETH THAT in pursuance of the agreement and in consideration of the sum of Rs. ……………… paid by the purchaser to the Vendor (the receipt of which the Vendor hereby acknowledges) the Vendor hereby transfers and delivers vacant possession of all that the land and premises more particularly described in the Schedule hereunder written, together with all the rights and privileges appurtenant thereto unto the said Purchaser to hold the same for ever subject to the condition that if and when the Vendor repays the said sum of Rs. ……………… with interest thereon at the rate of ……………. % per annum compoundable annually, to the Purchaser on the ……………… day of ……………… 19 …… hereinafter referred to as the due date, the grant and transfer of the said property as hereinbefore provided shall become void and in that event the purchaser shall reconvey the said house and premises free from all encumbrances and redeliver vacant possession to the vendor together with the documents of title relating to the said house and premises and this deed and in case of default in payment of the said amount with interest aforesaid on the said date, the transfer hereby made shall become an absolute sale in favour of the Purchaser.
(2) The vendor hereby covenants with the Purchaser that he is the absolute owner of the said house and premises and that the same is free from any encumbrance, charge or lien whatsoever.
(3) The purchaser shall keep the said house in tenantable condition and he shall bear the expenses for repairs and maintenance of the said house. The mortgagor shall also defray all taxes, assessments, land revenue and other charges payable in respect of the said house and premises to the State of ………………. Municipal corporation of ………………, or any other public or local authority. All the expenses incurred and payments made by the purchaser will be added to the said money and shall be recoverable with interest by the purchaser from the vendor.
(4) The Purchaser covenants with the vendor that he shall not let out the said house to any person or persons and he shall keep the said house in his own possession.
(5) If the vendor makes default in paying the said money with interest on the due date as aforesaid, the purchaser shall have the right to foreclose the vendor’s equity of redemption.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first hereinabove written.
The Schedule above referred to
Signed and delivered by the withinnamed A
Signed and delivered by the withinnamed B
WITNESSES;
1 .
2 .