An influence of legal professional might be granted for a restricted time period and is usually revocable
Can I set up a Financial Power of Attorney (PoA) to give my family members access to my assets such as bank accounts, demat accounts and time deposits if I become unable to work? How do I create one and does it conform to a general PoA? Does it have to be registered with an authority?
– M. Venkateswaran
PoA is a legal document under the provisions of the Power of Attorney Act of 1822 that allows you to designate someone other than your agent or attorney to act on your behalf. It is possible to provide your designated attorney with a PoA with any general or special authority or special authority to perform on your behalf the work listed in the PoA, which includes operating bank accounts, investing in certain Demat accounts, and collecting Get rent or generally take care of the work you’ve done. The PoA can be created for a limited or indefinite period of time.
The PoA should state whether the lawyer can delegate the powers that have been delegated to him and whether the PoA is also valid if you are unable to work for health reasons.
Because of the risks associated with misusing the POA, it is usually done very sparingly.
PoA is generally revocable. If exported in India, it must be executed on non-judicial stamp paper and notarized in a format that is generally acceptable.
However, when it comes to empowering the broker to sell, pledge and / or deal with a property, that PoA must be stamped and registered.
My wife acquired some land by division in 1998 and the land was changed to her name and remained in her name until her death in 2018. Her brother and sister sold their shares in 2000 after the split. However, after my wife passed away, I had a serious accident and was trauma due to the disability that it caused. Meanwhile, her brother managed to transfer her share of the property on her mother’s behalf by filing an affidavit that he was the only legal heir. He worked with local officials and did not consult me, even though my name is mentioned on my wife’s death certificate. Now an unregistered will has been made for this property. Am I entitled to the property? What can I do to make a claim?
– Srinivas GM
Based on the limited facts and the assumption that you are a Hindu and subject to the Hindu Succession Act of 1956, you will become one of the Class I heirs to obtain the property. Obviously, the facts you told reflect a fraudulent act of your wife’s brother who, in order to deceive the rightful heir (you) of his share of the property, not only forged documents but also carried out certain acts of illegal transfer of your wife’s property on behalf of her mother.
You can consider filing both criminal and civil complaints regarding the fraudulent activity of your wife’s brother, as well as anyone who promoted this fraud. You can also challenge the transfer document by declaring it false and fabricated, void and “not est”, and declaring yourself to be the successor to your wife’s property.
Aradhana Bhansali is a partner at Rajani Associates. Questions and views to [email protected]
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