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LEGAL DOCUMENTATIONS
9880339764
AGREEMENT ON MANAGEMENT OF ESTATES
AN AGREEMENT made this ..........................day of.......................... 200.. BETWEEN
Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the LAND OWNER, unless repugnant to the context herein the word shall mean and include his successors, heirs administrators, executors and assigns of the one part
And
Mr …………………………………. S/O …………………………………………………. Aged …… years resident of …………………………………………………………………………….., Herein afterwards called as the manager / agents/………….., unless repugnant to the context herein the word shall mean and include his heirs for any dues and liability as an agent, permitted assigns of the other part
PREFACE TO AGREEMENT:
WHEREAS the land-owner is desirous of appointing the manager to be his agent for and manager of his several freehold and leasehold estates known as ................................................................................... in ........................ and the agent has consented thereto.
NOW THIS DEED WITNESSETH that for carrying out his said desire the landowner appoints the manager to act for him and in his name and on his behalf in the several capacities and with the several powers and authorities and for the several purposes and duties hereinafter mentioned that is to say:
1. To be the manager for the landowner of the said estates and to preserve the said estates or any of them for the use of the landowner.
2. Generally to do and perform all such matters and things for the preservation of the said estates as the landowner might or could do if personally present.
3. To be the landowner's receiver, agent, manager and attorney for him and in his name to do all the acts and things hereinafter specified or any of them.
4. To demand sue for and received from every present and future tenant or occupier of any land comprised within any of the said estates and from any other person liable to pay the same all rents and profits fines and other casual emoluments that may be now in arrear or in the hands of any agent or that may hereinafter become due in respect of any of the said lands.
5. Upon non-payment of the same or any part thereof to enter and restrain upon the lands liable thereto and to take away and sell or otherwise dispose of according to lay any distress then and there found.
6. To commence any action or other proceeding in any court of justice for the recovery of the said rents and profits and for recovering and getting possession of any of the said lands and premises or any fines rents sums of money or services in respect of the same and to prosecute or discontinue such action or proceeding or otherwise act therein as the agent shall think proper or be advised.
7. Upon receipt of the said rents and profits or any part thereof to give effectual receipts and discharges for the same.
8. From time to time as the manager shall think proper to sell and enter into any contract for selling any of the timber or Underwood growing and being upon any of the lands comprised within the said estates and to give effectual receipts and discharges for any sum of money which may be paid upon the sale of such timber or Underwood and to empower the respective purchasers of the same and their servants to enter on the said lands with all necessary appliances for removing the same and to make saw-pits and do all other acts that may be necessary for disposing of the said timber and other wood.
9. To enter upon inspect and survey all the lands and premises comprised within the said estates at the manager's discretion and to view the condition and estate of repair of the same and of the buildings hedges and ditches and every other part thereof and to repair and give orders and enter into contracts for and employ any person in repairing the same.
10. To warn off and prohibit and if necessary proceed against in due form of law all trespassers on the said estate and to take appropriate steps whether by action or otherwise to abate all nuisances.
11. From time to time to enter into and execute any contract for granting a lease of any of the lands comprised within the said estates at such rents for such terms and upon such conditions as the agent shall think fit and to contract with the landlord for the time being of any of the said lands which may be of leasehold tenure for the renewal of the lease thereof upon such terms as to the agent shall seem expedient.
12. Generally to inspect manage and superintend all the lands comprised within the said estates and to do any act or thing for the improvement and upkeep of the same and the income thereof and the interests of the land owner therein in such manner as the agent in his discretion and judgment shall think most beneficial.
13. From time to time to appoint any person or persons to be his deputy or deputies for carrying out any of his duties as manager and generally acting in the said estates as the manager is hereby empowered to act therein and to change and remove any such deputy and to appoint anotheror other in his stead as often as the manager shall think fit.
14. To apply dispose of and account for ail money which shall come to his hands by virtue of this deed and of the powers and authorities hereby vested in him as aforesaid in the following order of preference:
a. In payment from time to time to himself the manager of [amounf\ out of all money which shall come to his hands or be actually received by him on account of the rents arrears of rent sale of timber and other sums which he is hereby empowered to receive (which sum of [amounf\ is to be his commission for receiving the said money and keeping the accounts relating thereto).
b. In payment of bills for all charges fees and disbursements (not including traveling expenses) which shall become due to him as the manager as aforesaid of the land owner in prosecuting or defending any legal proceeding relating to the estates rents and money aforesaid and the management of the said estates and the execution of the several powers vested in him exclusive of receiving the said rents and money and keeping the accounts thereto as aforesaid.
c. In payment of salaries, wages and fees which shall from time to time become due to the several subordinate employees, servants and others whom he shall think proper to employ for the purposes aforesaid.
d. In paying and discharging all the annuities or yearly rent charges taxes rates and other outgoings which now are or shall be charged upon any of the lands comprised within the said estates as the same from time to time become due and payable.
e. In payment from time to time of the expenses to be incurred on account of the repairs that shall be made on any of the premises comprised within the said estates, which the respective tenants of the same shall not be liable to pay.
f. In the payment of all fines fees and charges which shall become due to the landlords for the time being of any of the said leasehold premises for obtaining renewals thereof.
g. Out of the balance of the money coming into his hands the manager may maintain a fund not exceeding in amount Rs.......... (or such greater amount as may from time to time be agreed between the land owner and the manager to meet any contingent liabilities.
h. Subject to the provisions of paragraphs …………. To ………………… hereof all money received shall be paid as soon as may be and not less than twice a week into …………………….. bank into the credit of the land-owner's account.
15. To keep such records and accounts in respect of the management of the said estates with sufficient details that all compensation payable to or by the landowner and any grants payable to the land-owner under any statute or statutory or local regulations or by-laws or otherwise may be readily determined and generally so that the rights or duties and financial position of the land-owner in relation to the estates can be accurately ascertained. In keeping such accounts the manager shall at all times conform with the requirements of the land-owner's accountants and all statutes and rules and regulations (statutory or otherwise) affecting the same.
16. To make and sign applications to the appropriate government departments, local authorities or other competent authority for all and any licenses, permissions and consents required by any Act of Parliament, order, statutory instrument, regulation, by-law or otherwise in connection with the management and improvement of the said estates including the recovery of compensation where such is recoverable with power to give receipts and full discharges thereof.
17. To oppose or otherwise deal with proposals to include any of the said estates in an order for the compulsory purchase thereof or in a clearance or development order or similar order or in any other order made or to be made under statutory powers and to take all necessary proceedings arising under such orders including applications to any Tribunal and appeals there from.
18. To serve on the appropriate authority a notice requiring the purchase of all or any of the said estates or of any interest therein in respect of which a right to serve such a notice may be conferred by or under statute on the ground that the interest in question is affected by a planning decision or order or the conditions attached thereto or by planning proposals or on any other ground and to take such steps or proceedings including the compromise of any claim in relation to any such notice as the manager may think fit.
19. Generally to do, execute and perform any other act, deed or thing whatsoever relating to all or any of the said estates as fully and effectually to all intents and purposes whatsoever as the land-owner himself could do if personally present the land-owner hereby agreeing to ratify and confirm whatever the manager shall lawfully do or cause to be done in relation to the estates.
20. The manager's employment hereunder may be determined at any time by either of the parties hereto giving to the other of them …………. Month’s written notice thereof.
21. If at any time during his employment by the land-owner the manager shall be guilty of any grave misconduct or shall neglect to give his personal attention to the business of the said estates except in case of illness or accident or shall fail to keep the records and accounts as are mentioned in clause 16 hereof, the land-owner may determine the manager's employment forthwith without any notice or payment in lieu of notice. And upon such determination the manager shall not be entitled to claim any compensation or damages for or in respect or by reason of such determination.
22. In case the manager shall at any time be prevented by illness or accident from performing his duties and shall if required furnish the land owner with evidence satisfactory to him of such incapacity and the cause thereof, the manager may in such circumstances appoint a substitute to carry out his duties subject always to the approval of the land owner,which shall not be unreasonably withheld.
23. All questions or differences whatsoever which may at any time hereinafter arise between the parties hereto or their respective representatives touching this agreement or the subject matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise shall be referred to a single arbitrator in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any re-enactment or statutory modification thereof for the time being in force.
LANDLORD
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GPA HOLDERS
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WITH COMPANY SEAL
LTM FOR IDENTIFICATION
SIGNATURE
Name:…………………………………….
AGENT/MANAGER
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Name:…………………………………….
Witnesses
1. Name……………………………..
S/O……………………………….
Adress……………………………
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2. 2 Name……………………………..
S/O……………………………….
Adress……………………………
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