Power of attorney executed my mother in your favour  should be registered 

2) it ceases on demise of mother .consent of siblings is not required 

3) mother can execute gift deed in your favour 

4) it would attract nominal stamp duty .siblings consent is not necessary for gift deed 

5) stamp duty varies from state to state 

6) will can be executed by mother only for her one third property .if your siblings agree mother can bequeath entire property by will 

7) you can obtain bank loan on basis of registered POA .siblings consent is not necessary 

For all your questions, the best solution is that you should perform a gift deed, so in the future you will not face any consequences from your siblings and you will easily apply for a bank loan against property.

Regarding stamp and registration charges it will cost you approx. 2% stamp duty and Rs 30,000/- for registration charges.

1. Mother is transferer and you are transferee. You need to execute a POA in favour of relative/friend as claimant for registration. A POA cannot register property in his name. POA is only a go between. After the death of giver of POA it becomes invalid. It is safe if brothers sign as witnesses to gift deed executed by mother.
2. Stamp duty on gift deed in Kerala is 8 per cent and registration charges 10 per cent.
3. Brothers can sign as attesting witnesses to will.
4. POA can obtain loan only if such POA is for consideration otherwise not. As long property is in the name of mother all legal heirs to sign as loan documents.

1. Since, that property is in your mothers name , then she has right to transfer the property in your name by way of gift deed during her life time. 

- Further, if you are unable to come to India for getting the same, then you can give POA to any relative in India 

- As per Supreme Court , POA/GPA is not a title deed to claim the ownership of a property , and further with the demise of principal , It will have no legal value. 

2. The registration cost is vary state to state , however if the gift deed is executed in favor of blood related then it is very nominal and even only Rs.200/- stamp duty . 

- The Siblings witness is not mandatory , however if it is done then it would be better 

3. Yes, she can also write a Will in the presence of two witnesses 

4. Bank generally not sanctioned loan on the POA. , but it is granted on a registered gift deed. 

1. Instead of obtaining a power of attorney from your mother, you may better get it transferred to your name by your mother executing a registered settlement deed by retaining life interest in the proeprty. Your brother and sister can sign as attesting witness to this registered settlement deed, which will doubly confirm that they were very well in the knowledge of this transfer.

The POA deed stands automatically cancelled upon the death of the principal.

2.  The stamp duty would be heavy for execution of gift duty when compared to that of the settlement deed, because the settlement deed is executed between the blood relations, hence it would be advisable that a settlement deed may be executed to effect this transfer as advised in the point number one above. 

3. Unfortunately by a Will, your mother can transfer only one third of her property in favor of the beneficiary as per muslim personal law. Under Muslim law no person is entitled to make will of the whole property.  Limitations are imposed in making will.  Therefore it is not an advisable mode of transfer of entire proeprty in your favor.

4. If you would like to obtain loan on the property it should be on the name of the Principal only because the power agent cannot avail loan for his personal purposes  by pledging the property.  

The power of attorney deed do not devastate the title of the owner of the property, the power agent is appointed only to carry out certain tasks on behalf of the principal by the virtue of the power deed in his favor as prescribed in the power of attorney deed. 

You need to follow the muslim personal law in this case and seek noc from all your legal heirs. Yes POA can be taken but it’s registration is compulsory 

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. In Suraj Lamp & Industries (P) Ltd. v. State of Haryana, a two-Judge Bench of the Supreme Court declared “power of attorney” sales to be an invalid mode of property transfer. Therefore, POA cannot be done your case. If one gets property through the PoA then mutation will not take place in municipal and revenue records as a PoA doesn't give ownership rights to the agent in whose favour the instrument has been made. In other words, any person who buys a property through a PoA may have the 'possession' of the property but in the absence of a genuine registered sale deed he would not be considered as the rightful legal owner of the said property.

Under Muslim law no person is entitled to make will or gift of the whole property. Only for 1/3 property it can be done. Limitations are imposed in making will or gift. The reason being to pay the respect to the word of prophet in order to ensure the shares of the legal heirs.

Signature of your siblings are not required in case of gift or will.  A Muslim may transfer his property in various ways. One of such way is Hiba. Hiba is a transfer of property in the form of gift governed as per Muslim Law. A transfer of gift is regulated by Transfer of Property Act,1882. However, there are many limitations on this act as Muslim Law prevails over this law to maintain the religious freedom. Hon’ble High Court of Kerela speaking through Hon'ble MR. Justice P. Bhavadasan in the case of Salekath Beevi v. Mumthas Beevi stated "Hiba is an immediate and unconditional transfer of the corpus of the property without any return. Every Muslim, who has attained majority and has a sound mind can make a gift". Most banks will not provide a loan to the power of attorney holder. 

Detailed discussion is required in such cases. 

You may contact my secretary to connect with me for clarification. 

Gopal Verma

Advocate on Record 

Supreme Court of India

Power of Attorney (POA):

You can obtain a Power of Attorney from your mother to manage the property. A POA allows you to act on her behalf.The process for acquiring a POA can vary, but it typically involves drafting a legal document specifying the powers granted.The necessity for your siblings to sign or witness the document may depend on the specific terms and local regulations. Consulting a local lawyer is advisable.

Gift Deed:

If your mother wishes to gift the property to you, you can create a Gift Deed. The associated registration fees and costs vary and are subject to state-specific rules.The involvement of your siblings in signing or witnessing the document may be required in some cases.

Will:

Creating a will is a way to specify how the property will be distributed after your mother's passing. Your siblings may not necessarily need to sign the will, but it's advisable to consult with a legal expert to ensure its validity.

Bank Loan:

Having a Power of Attorney may allow you to secure a bank loan against the property, but this can vary based on the bank's policies and the terms of the POA.The involvement of your siblings in signing the loan documents might depend on the bank's requirements and whether they have any legal claim to the property.