Hi, execute General power of attorney from your mother to enabled you to do all the acts and deed on behalf of your mother.
2. There is no irrevocable GPA, it is valid till her life time or unless it is cancelled by your mother.
How do I get irrevocable GPA from my mother
My mother is suing her brother for her share of dad's property. That is ancestral property. We are 3 siblings and I have one sister who is very criminal mind. Since my mother is not capable of handling any legal or financial transactions, I want to make sure whatever share my mom gets from her dad property will be distributed according to her will of mind. I would like to get irrevocable GPA from her to handle all the legal and financial matters. I have one brother who is supportive of my decision. Now my question is How do I get irrevocable GPA from my mother to me which is recognizable every where including the courts and govt establishments? Thanks Gowda
Asked 9 years ago in Property Law
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5 Answers
1. Mere irrevocable GPA is not enough as the maker can change or revoke the GPA later on.
2. You should rather get a Will executed by her and get a GPA executed for the purpose of handling the suit filed by her.
1. Your mother must have filed a case for partition in the court to cull out her share in the property.
2. After she succeeds she can execute a will to devise the manner of distribution of her property after her lifetime.
3. The GPA can be revoked by your mother at any time during her life time. It will cease to operate after her lifetime.
4. You can ask her to execute a GPA to handle the suit filed by her.
1) you have stated that your mother has filed suit to claim her share in property . partition suits take over 15 years to be disposed of .
2) even if your mother execute POA in your favour she can revoke it if she so desire s.
3) it cannot be irrevocable POA as it is not coupled with consideration .
4)it is better your mother executes a will wherein she bequeaths her share in the property equally among her 3 children .
5) if she needs assistance in handling court cases he can execute POA in your favour
1. There is nothing called irrevocable GPA in your case. Irrevocable GPAs are executed by land owners to the Developers after collecting consideration which has been directed against by the Apex Court presently,
2. However, your mother can execute a GPA in anybody's favour now to represent her in the partition suit she has filed against her brother,
3. If she executes a GPA in your favour, it can also be revoked by her at any time and the said GPA becomes invalid on her demise,
4. She can execute a Will not distributing her property the way she likes now,
5. Probate of the said will shall have to be taken by you on her demise and in that case your said sister may very well challenge the will claiming that you have coerced her illegally in to writing the said will,
6. The said will shall have to be executed by your mother in presence of two independent witnesses.
