POA ceases on father demise
2) POA can be registered where your father is residing
3) better option is that father executes a will
4) it should be attested by 2 witnesses
My father is 88 years old. He lives with me (son) in Bangalore. Someone suggested that it is better to get a power of attorney made for his house in Chennai so that later on there won’t be any problems managing it. My problem is that I cannot make him travel from Bangalore to Chennai for the PoA registration. Can you please suggest what my options are here? Would a will suffice? What type of lawyer should I find for that in Bangalore. Some additional information, I am an OCI holder. I have my mother living with my father in the same house and married sister (only sibling) living nearby.
POA ceases on father demise
2) POA can be registered where your father is residing
3) better option is that father executes a will
4) it should be attested by 2 witnesses
1. The Power of Attorney can be registered by your father in Bangalore itself, for the property situated in Chennai.
2. A WILL would suffice.
3. Any Lawyer practising in property matters is enough.
Your father can register the power of attorney deed in the place where he is currently residing.
Please note that the power of attorney deed is valid only till the lifetime of the principal
Instead he can prepare a will and in that he can name the beneficiaries accordingly.
Will vs. Power of Attorney:
A Will takes effect after your father's death—useful for inheritance but not for managing the property while he's alive.
A Power of Attorney (PoA) allows you to manage or sell the property now, while he’s alive.
PoA Registration Without Travel:
Since your father is in Bangalore, he can execute a PoA at the Bangalore Sub-Registrar Office or get it notarized if only for non-sale purposes.
For sale or property transactions, the PoA must be adjudicated in Chennai (where the property is)—you can do this without him traveling, after he signs it in Bangalore.
What You Should Do:
Engage a property or civil lawyer in Bangalore who is familiar with cross-state PoA registration and OCI formalities.
Alternatively, prepare both a Will and a PoA to cover present and future needs.
Dear Client,
1. Power of Attorney (PoA) for Managing Property in Chennai
A Power of Attorney (PoA) is a legal instrument wherein your father (the Principal) appoints you (the Agent) to deal with his property in Chennai on his behalf. You may pay rent, pay property taxes, or even sell the property, if authorized. Since your father is 88 years old and as he cannot move to Chennai for registration, you have the following alternatives:
a. PoA Execution and Registration:
The PoA should be signed in the presence of witnesses and executed on stamp paper by your father. Registration of the PoA at the Sub-Registrar's office in Chennai is necessary for property transactions (sale) under the Registration Act, 1908. If your father is unable to go to Chennai, he can sign the PoA in Bangalore in front of a Sub-Registrar or a Notary Public. The PoA may be forwarded to Chennai for registration. Your father may also sign the PoA in front of an Indian Consulate or Embassy if he is outside India (not applicable in this case because he is in Bangalore). You can hire a lawyer in Chennai to carry out the registration after the PoA is signed and forwarded from Bangalore.
2.Types of PoA:
General Power of Attorney (GPA): Wide powers to conduct all matters concerning the property.
Special Power of Attorney (SPA): Restricted to particular activities, e.g., collection of rent or sale of the property. As you would like to manage the property actively, a Registered General Power of Attorney in Chennai is recommended. A Will is a legal instrument that defines how your father's property will be divided after his death to the people. It does not provide the power to deal with or sell the property during his lifetime. Hence, a Will cannot serve as a substitute for a Power of Attorney if the intention is to deal or manage the property presently. A Will only comes into force upon the death of the testator and has to be probated to take legal effect. If your father wishes to have peace of mind in terms of smooth succession on his death, he must draft a Will apart from the PoA for current management.
3. You are advised to contact a lawyer who can help you with the following :
Preparing and executing of the Power of Attorney documents. Further also help you with the process of registration of PoA in Tamil Nadu (Chennai). Assist you with the Estate planning such as Wills and succession issues. Cross-jurisdictional property issues (Bangalore-Chennai).
There are numerous skilled property lawyers in Bangalore who can prepare the PoA and assist you in notarization and registration procedures. They can even arrange with a Chennai-based advocate for registration.
He can register his power of attorney deed in the place where he is currently residing.
The power of attorney deed is only valid for the principal's lifetime. Instead, he can create a will and specify the beneficiaries in it..
As a result of his demise, deed of power of attorney has no validity
A Will takes legal effect only upon the death of the testator, and not earlier. In your case, the PoA can very well be executed and registered in Bangalore. Once so done, It will be valid throughout India. That is the best solution in your circumstances.
- If your father is unable to travel then he can execute a registered POA in your name from the place where he is presently residing.
- However , after his demise this POA/GPA will have no legal value , and hence he can write a Will in your favor if he wanted to transfer his property in your favor.
- The Will can be written on a simple paper in the presence of two witnesses