Power of attorney to parents
Narasimha
(Querist) 10 April 2015
This query is : Resolved
My parents are staying in house which is in my name. I got this house from my grandmother. Is there any way that my parents can stay in this house if anything happens to me(death). My wife should not have right to do anything to them. I'm only Son. Can I give power of attorney ?
Anirudh
(Expert) 11 April 2015
Better register a WILL giving the property to your parents whoever survives you, during their life time and thereafter the property should go to your wife and your children.
In this way, if anything happens to you, your parents would be the owners of the house (temporarily though) during their life time. Nobody, including your wife will be in a position to remove them. After the life time of your parents, the property will go to your wife and children.
The very question, gives an impression that you have a lurking fear that your wife may not take care of them in your absence and therefore you are anxious. Appreciating your situation and your sense of responsibility towards your parents, it will be advisable that you may make a WILL and get it Registered before the sub-registrar's office (it will not involve any cost whatsoever) WITHOUT INFORMING YOUR WIFE. But keep only your parents informed and keep the issue very very Secret. At the appropriate time, i.e. when you are not there, your parents should prop up this Registered WILL to assert their right over the property.
Giving power of attorney will not work, for the simple reason that Power of Attorney will be valid only so long as the person giving the POA is alive. Therefore, once you go away, the POA will come to an end. It cannot be made use of after you had gone.
M/s. Y-not legal services
(Expert) 11 April 2015
If you give power of attorney only mean automatically it will be invalid after your life..
So better you make a will or settlement in fovuor to yourparents.
Its may avoid such unwanted circumstances..
Rajendra K Goyal
(Expert) 11 April 2015
Agree with the advise of expert Anirudh.
Dr J C Vashista
(Expert) 12 April 2015
Very well advised by expert Mr. Anirudh, I agree.
Registered WILL in favour of your parents is the only, economical and best option.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
