alternative of power of attorny from mother to son
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 3 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
Advocate, New Delhi
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.
Thanks very much sir
My follow up questions are:
What would be the matter of concent
It should be verbal or written
Can it be registred if being given in writing
Because I would be registering my rent agreement which needs registred Power of Attorney from my mother..
Asked 3 years ago
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
Thank you Sir
Is it mandate to get this SPA registred?...coz I wud be going to get my commercial rent agreement registered later on.
Asked 3 years ago
yes SPA should be registered
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.