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Madhukar (Snr Associate)     30 October 2013

Opinion and advice required

Hi,

I am Madhukar from Bangalore. My mother has a property in here in bangalore, she has adopted me from her own sister since she has no kids when I was 3 months old and it is legally done with a adpotion deed in 1992. But since she is uneducated she has given a unregistered power of attorney to her own brothers to manage the stuffs related to the property. They ill-intionally had executed a Will for transfer of property after her demise which has been cancelled by me and another will was executed stating part of the property would shared between my Mother's brothers & My natural parents & other part to me which is left uncancelled even now.

I was not satisifed with the above and have made a registered Gift deed in my name as per the Lawyers suggestion. My question is below were the few mistakes that I could notice in Gift Deed:

1.) My mother does not a particular format of signature 

2.) The age is not accurate as we were not aware about her DOB,

3.) Few overwrites in the document which has a signature against each overwrite of my mother & myself in Gift Deed.

4.) In adoption Deed, Again about signature & my age is mentioned wrongly (1 year difference in the deed & reality).

Please advice if this fine and these documents (Gift & Adoption Deed) will still be valid even after the above as I do not want to face any problem in the late part of my life.

Hope I get good suggestion in this forum.

Thanks,

Madhukar



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 October 2013

Madhukar,

I think your fears are unnecessary.  Firstly, if your mother's signature has been witnessed by two or more witnesses on the said gift deed, it will be sufficient to prove its genuineness. The age need not be accurate and an approximate age will suffice.  If the corrections and the over writings have been initialed, it is valid.  Again your age need not be exactly the same as per your DOB.  Thus both the deeds are legally valid if your contentions are to be taken as true.

SACHIN AGARWAL (ADVOCATE)     30 October 2013

The advice of Mr. Kalaiselvin, Advocate is correct.

 

Besides this, a Power of Attorney Holder cannot execute a Will in the capacity of the Attorney Holder.


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