You can execute notarised special power of attorney in favour of your mother to apply for succession certificate
My family (my mother and 3 sisters including me) need to prepare a succession certificate. However, I will not be present in the court to prepare the document as I will be out for India. So, I am planning to prepare a power of attorney (general) and appoint my mother to represent me in my absence. Which PoA dobi need - notarized or registered ? Purpose of preparing the succession letter - my father has expired without a will and there is a bank account which do not has a nominee. So, in order to claim that money the bank has asked us to produce a succession letter.
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You can execute notarised special power of attorney in favour of your mother to apply for succession certificate
Thank You for the response. But I want to prepare a general PoA, so that it can be used in any situation during my absence. With a specific PoA, the use of the document will be limited. Will there be a problem if I prepare a general power of attorney ? Also, i will preparing this document in Bangalore, and I believe it can be used in different state within India. Please advise.
Succession Certificate is granted in favour of the legal heirs of the person dying without Will Deed. It is granted by the Court so that the heirs can claim the securities, bank account and other movable property along with the debts left behind by the deceased.
POA Grantor (Person who is giving the POA) should visit the Indian Embassy and execute the POA in front of the authority. After that send the original executed POA to India and ask POA holder to get it notarized within one month since the first execution date.
You can execute notarised general POA in favour of your mother
2) if you are authorising your mother to sell property it woukd require registration
3) POA woukd be valid in other states also
Notarised POA will be sufficient to represent you in court. Further you can specify the purpose in POA for the court matter.
See there will be no problem if you prepare general POA . Yes document can be notarized any where in India and can be used in any state.
1. you can make whichever type of POA you wish
2. so long as it contains the power to apply for succession certificate and to do other things incidental thereto, it does not matter whether its a general or special power
3. the above POA can be notorised. Registration will be required only if there is a power to sell any particular property
4. the POA can be used anywhere
5. however if the POA has a power to sell then you may have to comply with the stamp/registration rules of all the states in which the properties are situated
Dear Sir,
You can put all the necessity causes in the Power of Attorney giving power to your mother to appear on behalf of you both before Court and bankers. Further a clause may be included which empowers your mother to withdraw the amount from the bank which is outstanding in the account of your deceased father. You may get such Power of Attorney executed in the Country where you are now residing and attested by Indian Embassy staying there and/or the Local Notary Public of that Country or Equivalent Authority.
If the amount is less than Rs. 5 lakhs then the bank may do away with an indemnity bond executed in its favor jointly by all the successors in interest..
However for succesion certificate, even though you are a party to the case, you need not be present before the court oin each and every dates of hearing, the other petitioners can be present, which will be sufficient.
Yoiu dont have to give any power of attorney to anyone especially if your tour to foreign country is temporary and you will return within 6 months.
However it will be a special power of attorney for the purpose of court which need not be registered, just obtain signature of a Notary.
But I want to prepare a general PoA, so that it can be used in any situation during my absence. With a specific PoA, the use of the document will be limited.Will there be a problem if I prepare a general power of attorney ?
Also, i will preparing this document in Bangalore, and I believe it can be used in different state within India
A general power oif attorney deed prepared for all the purposes including for the transaction towards immovable property shall have to be registered before a concerned sub-registrar.