blrguy 22 May 2016

What kind of documentation would be best suited for this?

I am an NRI, currently staying in USA. I have a house in India. I am not interested in either renting or leasing that house, but prefer to use it as vacation house while I visit India with my family.

Earlier, I had allowed my younger brother and his family to stay with us in the same house. Things didn’t work out well. He started demanding me to transfer to my house to his name. When I made it clear that he can just continue to stay at my home for free and nothing more, he become aggressive, trashed my house, deserted and just walked away.

We did keep the house locked for few months, but neighbors were kind enough to quickly convert my house into a garbage disposal center/dumpster.

Now, I want to allow my in-laws (MIL, BIL, SIL and her family) to use my house as their secondary home, so that they can access my house in my absence, stay for few days if they want to, as well, will take care of necessary repair work and maintain our house in our absence.

My in-laws are well-to-do, have their own house, they are rather doing a favor to me by agreeing my request, will visit my house whenever possible. But my brother and his family may create issues by visiting my house and may start unnecessary fight/argument with my in-laws.

I want to ensure that my in-laws are well-equipped with proper documentation from my side so that if things turn ugly, they may call local-police and apprise them they are staying in my house at my instruction, and may request local police to send back my brother/his family peacefully from that place.

What kind of documentation would be best suited for this? A special power of attorney from my side to my MIL, BIL, SIL and her family? Local Police will need to recognize that my in-laws haven’t force entered into my house, but rather acting as per my instructions. Any sample format?

Also, I want to mark this document as valid only for 11 months ( less than a year).

Point to note here is, I want to be still the main person staying in my house, and may occupy the house whenever I come to India. My in-laws will be accessing my house in absence but with my permission.

Would a mere notarized letter work in this case ?

My in-laws should not get threatened if my brother creates issue. But rather produce this letter and continue to stay in my house without fear.

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5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 May 2016

As per your version above,

My in-laws are well-to-do, have their own house.

Then why do not you give a chance to live your brother at your own house for some time till he gets a good house for his own in stead of living of your in laws. ?

blrguy 22 May 2016

Yes, my younger brother stayed in my house for 7 continuous years for free. It rather made him irresponsible, lethargic, arrogant instead of fixing his life for better.

blrguy 22 May 2016

Point to note here is, I want to be still the main person staying in my house, and may occupy the house whenever I come to India. My in-laws wil be accessing my house in my absence but with my permission.

Would a mere notarized letter work in this case ?

My in-laws should not get threatened if my brother creates issue. But rather produce this letter and continue to stay in my house without fear.

blrguy 27 May 2016

SPECIAL POWER OF ATTORNEY

----------------------------------------------------

THIS SPECIAL POWER OF ATTORNEY IS EXECUTED ON THIS THE ___ DAY OF JUNE TWO THOUSAND SIXTEEN ( /6/2016) AT [my USA address]

[My details]

(Hereinafter referred to as the Principal)

IN FAVOUR OF

------------

[Attorney 1 details including their address]

[Attorney 2 details including their address]

(Hereinafter referred to as the Attorneys)

WITNESSES AS FOLLOWS:

---------------------

WHEREAS I, the Principal, am the sole owner of the house situated at <>. I use the said house as my vacation home while visiting India with my family.

AND WHEREAS I work in [my USA office details] and am unable to personally look after and maintain the said house in India. I wish to appoint fit and proper persons to perform the following duties in my absence.

NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH that I, the Principal, hereby appoint, nominate, and constitute my mother-in-law [attorney1] and my sister-in-law [attorney2] to be my true and lawful attorneys or agents (hereinafter referred to as “the Attorneys”) with full powers and authority to do and execute the following acts, deeds, and things in my name and on my behalf (separately or jointly), that is to say:

a) To access the said house at regular intervals and carry out necessary cleaning and repair works and do other acts and things to keep the said house in good repair and condition. Repair work includes masonry, carpentry, painting, electrical, plumbing and color-wash/white-wash.

b) To use and stay over-night (along with their household members) in the said house at regular intervals for security watch.

I, the Principal, represent that this Special Power of Attorney executed by me is valid for a period of 11 months, starting from the 15th day of June, 2016 and ending on 14th day of May, 2017.

AND I, the Principal, hereby agree and undertake to ratify all such acts, deeds and things lawfully done by my attorneys hereinabove mentioned as if done by me personally.

IN WITNESS WHEREOF, I, [my name] have signed this SPECIAL POWER OF ATTORNEY on the day, month and year first mentioned above in the presence of the below mentioned witnesses at [my usa address].

PRINCIPAL:

(My Name)

EXECUTION ADMITTED BY ME -

ATTORNEYS:

(Attorney 1)

(Attorney 2)

WITNESSES:

1.
(Name) (Signature)

2.
(Name) (Signature)