Special Power of Attorney for Litigation
KNOW ALL MEN BY THESE PRESENTS, I, ABC, an adult Indian, aged about___ years, occ:-______, r/o:-____________________, do hereby send my greetings:
WHEREAS, I am absolutely seized and possessed of a flat, admeasuring______ Sq.Feet (carpet), being and situate at_________, “___” Wing,________ Floor,_______________________________ co-operative housing society___________ Road,_______ (Location),__________ (city/district)___________ state, which I had purchased in the year_______, out of my own funds, from the Developer M/s.___________________________, (hereinafter referred to as the ‘Said Flat’ for the sake of brevity).
WHEREAS, I am a Non-Resident Indian settled and living in the U.K along with my immediate family, the ‘Said Flat’ was lying vacant for quite some time. In the year___________, my maternal cousin Shri._____________, a resident of____________ requested me to let him occupy the ‘Said Flat’ on leave & licence basis for a period of 11 months (hereinafter, for the sake of brevity, referred to as the ‘maternal cousin’). I accepted his proposal and let him occupy the ‘Said Flat’ on leave & licence basis on the terms & conditions which were incorporated in the Leave & Licence Agreement. This arrangement continued and the licence was renewed for two successive terms of 11 months each. However, my ‘maternal cousin’ made illegal additions and alteration to the ‘Said Flat’ without my consent and also caused several nuisances for the neigbours living in the building. In this context, I received several complaints from the neighbours as well as from_________________ Co-operative Housing Society. Moreover, my ‘maternal cousin’ also defaulted on the payment of monthly premium for over three months. In these circumstances, I terminated the ‘Leave & Licence’ Agreement and took back the possession of the ‘Said Flat’.
WHEREAS, my ‘maternal cousin’ was aggrieved by the termination of agreement, he filed a civil suit for possession under the Specific Relief Act being Suit No._______________ in the Court of_________ at_______. In this suit my ‘maternal cousin’ has sought a direction against me for the restoration of the ‘Said Flat’.
WHEREAS, my current employment does not permit to return to India as often as required, I hereby appoint my close friend Shri._________________, an adult Indian, aged about______ years, occ:-________, r/o:-_________________________ as my Special Attorney in respect of the ‘Said Flat’ vis-à-vis the above referred suit, to do the following acts, deeds and things in my name and on my behalf as under:-
1] To consult, engage and appoint Advocates and/or Attorneys in the context of Suit No___________ filed by my ‘maternal cousin’ against me in the Court of____________ at_________.
2] To sign all such papers, documents, applications, affidavits, pursis and written statements as are required for effectually defending the above civil suit on my behalf and to give proper instructions, information and/or suggestions from time to time, to the Advocates and/or attorneys.
3] To appear in the Court of______ at__________ and to represent me in Suit No._______ and all further proceedings including appeal, revision, appeal from order, writ petition, application and special leave petition, that might arise in future from Suit No__________ and to do all such acts, deeds and things which the Special Attorney would be entitled to do in the context of the aforesaid suit.
4] To settle, compound or compromise the aforesaid Civil Suit and to sign & tender all such documents, papers and applications therefor as required for giving effect thereto.
5] And in general to do all other acts, deeds and things in or about the ‘Said Flat’ and the above referred civil suit to all intent and purpose as I could do in person if these presents had not been made.
And I do hereby undertake to ratify whatever the Special Attorney may lawfully do or cause to be done by virtue of these presents.
IN WITNESS WHEREOF, I have set and affixed my hand to this writing this____ day of_______, 20_________ in the presence of the following witnesses.
Signed, sealed and delivered by
the withinnamed ABC in the presence of