asked in Others+Miscelleneous by (2 points) 1

 I have a property for which I have a power of attorney. With my mother’s health deteriorating, I would like to transfer the property under my name. I went to Ludhiana, Punjab 5 years ago and transferred the property under my mother’s name after my father’s death. The POA is irrevocable, but someone said if my mother passes away, it will be null and void.  

I would like to get that done ASAP. My brothers and sister do not see an issue transferring it to my name until we sell and then divide our shares.

Please let me know how much this will cost? I have the registry and intkal papers with me.

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2 Answers

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answered by LEGEND (8,514 points) 5 15 39
This could prove to be a bit more complicated than transferring the property title out of your dad's name to your mom's name. You mom is still alive and you hold the POA for her. You'll need to get a court order I believe in order to do this. I would see the advice of an attorney while your mom is still alive and you can do this. Otherwise, you'll need to wait until she dies and follow her wishes in her will or living trust.
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answered by (111 points) 2 10
General power of attorneys are always revokable. If your mother is willing to give that property to you later then it's better to have a will deed which is stating that the property should transfer to you. POA has any value only if it is registered with revenue department as per court rules in India. Normally a POA is enough for such a transaction, as in case your siblings have no objections Even though a will deed is far more better than a POA.  Making a Will Deed doesn't cost much. Say a 5000 rupees or so.

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