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sumeet singh (employed)     08 August 2013

Durable power of attorney

we are five brothers. my younger brother (no.2) who is 52 years old, is an indian citizen (living in india) is unmarried has met an accident few years back. recently it was found that there are moving blood clots in his brain which has resulted in partial parlysis in right foot. doctors says that these can result in parlysis in other parts or mental unsoundness in few years from now on. the operation also will have 20 % sucess chance. he lives with our Younger Brother (no. 3).

 

our youngest brothers (No. 4 &5) donot live with us and seprated from us long time back. we fear that they may later move to court to declare my brother (no.2) insolvent to grab his property. 

 

i live in UK and here we have a Durable Power of Atorney (living will) by which one can apoint someone his guardian and also care taker of all his properties and accounts in case of incapacitaition.

 

i wish to know can my brother (no.2) who is indian citizen and lives in india can do a registered durable power of attorney to appoint my younger brother (no.3) as his gaurdian and care taker of his all his property and finances with whom he live in case of him being incapacitated? if yes, what is the procedure for registering a durable power of attorney and stamp requirement?



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 5 Replies

Suri.Sravan Kumar (senior)     08 August 2013

Yes your brother can execute GPA in favour of his younger brother to look after all his property and finance. your brother can execute GPA on Rs 100/- stamp paper and get it regd. let your brother also execute WILL safeside.

sumeet singh (employed)     08 August 2013

thanks sir, my brother has already done a will in  favour of younger brother(no. 3).

But we fear if he (no.2) becomes mentally unsound later on or declared insolvent by court. what will happen? General power of attorney (ceases to operate) gets revoked in those cases. thus we wish to know that is durable power of attorney is vaild in india? is yes then please its porcedure?

Suri.Sravan Kumar (senior)     08 August 2013

can u send the GPA copy by mail?

Suri.Sravan Kumar (senior)     08 August 2013

copy of WIll too.

sumeet singh (employed)     09 August 2013

sorry sir i am not having the copy of GPA and Will with me. i just wish to know that is durable power of attorney legal in india and can an indian citizen can execute it? i have been to some indian law sites they have refrences of durable power of attorney.


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