HOW TO WRITE AN IRREVOCABLE POWER OF ATTORNEY FOR AN AGREEMENT FOR SALE OR PURCHASE | LAWYERS | SOLICITORS


THIS
IRREVOCABLE POWER OF ATTORNEY
GIVEN BY

MR. ___________::::::::::::::::::::::::::::::::::::::::: DONOR
of _________ Local Government Area, _________ State of Nigeria

TO:


MR. ___________ :::::::::::::::::::::::::::::::::::::::::::DONEE
of ______ in ______ Local Government Area of ______ State of Nigeria.


FOR

ALL THAT PARCEL OF LAND SITUATE, BEING AND LYING AT NO. 2 _______________ STREET __________ IN ________ STATE OF NIGERIA,  MEASURING AN AREA OF APPROXIMATELY _______ SQUARE METRES.

Prepared by:
                                                         

                                                         
……..……………………………………..        
BARR. _____________ ESQ.
ADDRESS HERE
NAME OF HERE STATE , NIGERIA                                                                                                                       
THIS IRREVOCABLE POWER OF ATTORNEY IS MADE this 25th day of APRIL 2014


BETWEEN

MR. _________ of __________ Local Government Area,  _______ State of Nigeria (hereinafter in this Power of Attorney referred to as (“THE DONOR”) which expression shall where the context so admit include his heirs, agents, personal representatives, assigns and successors – in – title, etc of the ONE PART.

AND

MR. _________ of __________ Local Government Area, __________ State of Nigeria. (hereinafter  in  this Power of attorney referred  to as (“THE DONEE”) which expression shall where the context so admit include his heirs, agents, personal representatives, assigns and successor -in-title, etc of the OTHER PART.


WHEREAS:
1.         The DONOR is by act of inheritance, the bonafide owner in possession of the parcel of land described in the schedule in accordance with provisions of the Land Use Act.         

2.         As effective occupier, the DONOR is hereby the person vested with the Customary Rights of Occupancy thereof of the said piece or parcel of Land.

3.         The DONOR in exercise of their possessory rights had yearly effectively farmed or cultivated the said piece or parcel of land with assorted crops and /or letting out portions to sundry tenants for seasonal cultivation.

4.         The DONOR by virtue of his long and continuous holding is in terms of the LAND USE ACT, 1978, aforesaid, is deemed to be holder of the Customary Right of Occupancy issued by the appropriate Authority under the said Act.
5.         The Donor for monetary consideration of (Amount Here in Naira) (N000,000.00) only has agreed to appoint  ___________ his Law Attorney over the Aforesaid parcel of land and HEREBY  APPOINTS HIM AS HIS LAWFUL ATTORNEY.


NOW THERE KNOWN YOU ALL MEN that by this IRREVOCABLE POWER OF ATTORNEY MR. ___________ of ____________ Local Government Area of Nigeria (hereinafter referred to as “THE DONOR” which expression shall wherever the context so permits include my heirs, successors-in-title, executors, personal representatives, administrators and assigns) DO HEREBY APPOINT MR. _________ of _________, in __________ a Local Government Area, Ebonyi State of Nigeria. (hereinafter  in  this Power of Attorney referred  to as (“THE DONEE”) which expression shall where the context so admit include his heirs, agents, personal representatives, assigns and successor –in-title) my  TRUE AND LAWFUL ATTORNEY in my name (or in his name as he shall deem fit or the laws may permit) and on my behalf subject whenever necessary to the consent of the Governor of Ebonyi State to do all the acts and things hereunder mentioned in respect of my plot or parcel of land (100 x  100) lying, being and situate at N0.  __________ Street __________ in _______ State of Nigeria, Measuring an Area of Approximately 1520.100 Square Metres, with all the appurtenances.
           

THAT IS TO SAY:
1.         To enter and take absolute possession of the said plot or parcel of land.
2.         To manage and superintend the management of my property consisting ALL THAT plot or parcel of land (100m x 100m) situate and lying at N0. ____________ Street _________ in _______ State of Nigeria, Measuring an Area of Approximately 1520.100 Square Metres.
3.       To finance, erect or cause to be erected on the said plot or parcel of land building or buildings thereon.
4.         To transfer and dispose of all and singular the said property and to sill the building or buildings erected and to be erected thereon together with all the appurtenances either by private contract or by public auction or in any other way, as he may deem reasonable in accordance with the law in force.
5.         To keep such money to be realized from the transfer of the said property and sale of the buildings thereon and to make use of the money himself absolutely.
6.         To commence. Prosecute, enforce, demand, answer or oppose all actions, suits, claims or any other legal proceedings whatsoever in respect of the said property.
7.         To sign for me or for himself any instrument, Deed or contract pertaining to, and affecting my said land and building erected thereon.
8.         To effect any instrument, sub-lease, mortgage, surrender, transfer, charge, or other Deed and to sign for me or endorse my name upon or to any contract or other or any instruments or documents whatever with respect to my said land and buildings thereon.
9.         To demise, let or hire out the whole or part of the sail property.
10.       To ask, demand, accept, receive the rents and profits thereon and to sue for all such rents and profits and to keep for himself absolutely all such rents and profits and to give effectual receipts and discharges for the same.
11.       To do every other thing whatsoever which may be necessary or proper in his absolute discretion for carrying out any agreement for  transferring the land or the whole or part of any buildings erected thereon into complete effect and execution in such manner that all my estate right, title and interest in or to my said land and premises with the appurtenances may be effectually and absolutely conveyed and assured unto the purchaser or respective purchasers thereof or unto such other person or persons and for such estate or estates therein and in such manner and form as he shall direct or appoint.
 12.      To receive any summons or legal processes whatsoever and to represent me in any court any public offices in any and all matters relating to my said land or premises.
13.       To re-delegate the powers, which I have herein given to him so that the legal principle of Delegatus non potest delegare” does not apply in this power of Attorney.
14        To act as my Attorney or Agent in relation to the said land, building erected and to be erected thereon and all other matters in which i may be or he think in his absolute discretion that I may be interested or concerned and on my behalf to execute and do all instruments, acts and things whatsoever as fully and effectually in all respect as I myself if personally present, could have done PROVIDED that the instruments, acts or things relate to and refer to my said property.
15        I HERBY AFFIRM that my Attorney shall not be called upon by me or my heirs or successors at law or in equity to render account of the said monies to me or to my heirs or successors.
16        To apply for and obtain certificate of occupancy in respect of the said property in his own name in accordance with the law in force.
17        AND I HEREBY FURTHER DECLARE that all and every receipts, Deed, matter, acts or things which shall be given, made, executed or done by my Attorney for the aforesaid purposes shall be as good, valid and effectual to all intents and purposes whatsoever as if the same had been signed, sealed and delivered, given or done by me in my proper person.
18        I HEREBY DECLARE that this power of Attorney nullifies all and any other power of Attorney which I may have given or which I may give to anybody else in respect of my said property and that this power of Attorney is the only one at any time valid and subsisting.
 19       AND FURTHERMORE, we hereby declare that this Power or Attorney being given for valuable consideration of (Amount Here in Naira) (N000,000.00) Only shall remain IRREVOCABLE even after our death or any disability whatsoever.


IN WITNESS WHEREOF
I hereto have hereunto set my hand and seal the day and year first above written.


SIGNED SEALED AND DELIVERED
BY THE WITHIN-NAMED “DONOR”


________________________
NAME HERE

In the Presence of:
Name:……………………………………….
Address:……………………………………..
Occupation:…………………………………
Signature:…………………………………….



SIGNED SEALED AND DELIVERER
BY THE WITHIN-NAMED “DONEE”                                                                                                                                                                        
__________________________
NAME HERE

In the Presence of:
Name:……………………………………….
Address:……………………………………..                   
Occupation:………………..…………………
Signature:…………………………………….


PART PAYMENT RECEIPT/ACKNOWLEDGEMENT

I, _______________  of __________, in _____________ Local Government Area of Ebonyi State of Nigeria do hereby acknowledge the receipt of the Sum of N000,000.00 (Six Hundred Thousand Naira only) as part payment for a parcel of land/plot of land located at _____________, ____________ in ____________ Local Government Area of Ebonyi State measuring an area of approximately…………….…….square metres from  ______________ of __________ community, __________ Local Government Area, Cross River State.
Dated this ……………………… day of ………….… 20…….


SIGNED:

1.         ……………………………….                   
            NAME HERE          

2.         ………………………………..
            NAMA E HERE

In the presences of:
1.         Name…………………………………
            Address………………………………
            Sign…………………………………..

2.         Name………………………………..
            Address……………………………..
            Sign………………………………….       

Prepared by:  
NAME OF SOLICITOR ESQ
PP.  NAME OF COMPANY & CO
Share on Google Plus

Declaimer - MARTINS LIBRARY

The publications and/or documents on this website are provided for general information purposes only. Your use of any of these sample documents is subjected to your own decision NB: Join our Social Media Network on Google Plus | Facebook | Twitter | Linkedin

READ RECENT UPDATES HERE