• alternative of power of attorny from mother to son

Sir
 We are two brothers and three sisters all married...after my father demise we got a plot originally booked by my father now on our mother's name , and built that with three stories...Mother has written a will for specific portion..my younger brother has two upper storis and i have only gf accorfing to that will. 
I want to give my portion..gf on rent which has become commetcial in due course...or make a joint venture of that very portion also want to register the rent agreement or joint venture paper with registrar..mother some how is relectent to gove a power of attorny on some family member advise.
My question. . Are there any other alternatives apart from GPA for me to go ahead with my agreements?
Thanks and regards
Asked 2 years ago in Property Law from New Delhig, Delhi
will is valid only after death of your mother,you will have to take your mother in confidence as going against her could mean loss of your share if she so desires
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Yes, as long as your mother is alive the Will has no force.
2. So during her lifetime you have no option but to obtain her consent for commercial user of the same.
3. On hear death once Probate of Will is granted, you do not require any other's consent.
Devajyoti Barman
Advocate, Kolkata
5915 Answers
63 Consultations
4.9 on 5.0
1) will takes effect only on death  of the testator.  as on date your mother  is the absolute owner of the house . she has to enter into agreement for giving ground floor on rent for commercial purposes .
2) leave and licence agreement has to be registered . 

3) your mother can execute special power of attorney in your favour for giving the premises on rent
Ajay Sethi
Advocate, Mumbai
24861 Answers
1338 Consultations
5.0 on 5.0
yes SPA should be registered
Ajay Sethi
Advocate, Mumbai
24861 Answers
1338 Consultations
5.0 on 5.0
yes
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. During her life time the property belongs to her & till her demise her said will has no ;legal force,

2. On her demise, you shall have to tale probate of her will and only after that you will become the lawful owner of the GF of the house,

3. If you want to use the GF commercially, you shall have take consent of your mother. Either she has to sign the tenancy or JV  agreement or you can do that being empowered with the Special power of Attorney executed by her in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12737 Answers
263 Consultations
5.0 on 5.0

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