Can will be executed by poa holder
anish
(Querist) 08 June 2012
This query is : Resolved
Sir
Can a person holding General Power of Attorney of his father has the right to execute WILL on behalf of him? I am staying at Nagpur and this has happened in our family. In POA the mandate is given to Attorney holder to sign testetory declaration for disposal of assets after demise.Is it legal? Like how can a person sign WILL on behalf of others?the POA is a registered one and WILL is also registered by Attorney Holder on behalf of father.
Adv Archana Deshmukh
(Expert) 08 June 2012
No, not at all. Will has to be executed by the testator himself. It has to be signed by the testator personally and the witnesses. A POA can never sign on behalf of the testator to make a valid will.
R.K Nanda
(Expert) 08 June 2012
Agree with expert Archana.
Kiran Kumar
(Expert) 08 June 2012
fully agree with Adv. Archana.
Guest
(Expert) 09 June 2012
Endorse the opinion of Ld.Archana.
dev kapoor
(Expert) 09 June 2012
Ungeard of.If a major person of sound mind & health can execute a POA where is the impedement for execution of a Will,a testamentary document.Law will not recognize this kind of Will,if executed through a POA.It will be replete with suspicious circumstances & easy to declare non est.
ajay sethi
(Expert) 09 June 2012
agree with experts .
c.p.s. ramachary
(Expert) 09 June 2012
A Power Of Attorney cannot execute will on behalf of the actual owner of any property. Such will doe not come into operation either on death of the actual owner or the power of attorney.
J K Agrawal
(Expert) 09 June 2012
such will is possible only under circumstance stated in section 65 of the succession Act. That is to say a worrier while in battle field can make such a will by saying other person to sign it on behalf of him. such will is called privileged will. in no other case such will is possible.
But in present case it appears some other problem. The will was actually executed in life time of father and possible it was open to every body at that time. It may be possible that father was not capable to sign the will due to some reason. If it is proved that the document was the actual will of father, it can be treated good as oral will.
We can not straight away discard such a will.
anish
(Querist) 12 June 2012
Thanks a lot, experts.
