Your mother can execute registered POA in your favour to manage her assets
it should be on RS 500 stamp paper
contact local lawyer in india
Getting Power of Attorney for Mother
I am a US citizen and currently residing in the US. My mother's health has been deteriorating in India and I need to be able to manage her finances and assets for her. Will I be able to get a Power of Attorney for her to manage her finances for her ? Or would I need to do something else to achieve this goal ? If Power of Attorney is the correct thing to do what all paperwork do I need to get this process started ? Thank you so much, Susmita
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
Will I need a PAN CARD or Adhar card for any process I need to initiate to be able to manage my mother's finances and assets ?
Asked 3 years ago
For sale of mother assets you need your PAN Card / Aadhar card
The power of attorney cannot be given by your mother to manage her finances if she is not in good mental health.
Besides this power of attorney has to be executed through a registered document since it involves financial transactions, without which the banks or the financial institutions may not entertain the power agent to complete any task on behalf of your sick mother.
You can obtain power of attorney deed on your name but since you are residing in India and being a US citizen, she cannot execute a POA deed in your favor to take care of her funds and other financial management lying in India.
Instead she can write a Will bequeathing all her assets (both movable and immovable) to your name which can be acquired by you after the lifetime of your mother
If the properties (movable assets) are lying in India then to manage her funds all necessary formalities are to be complied with which include the identity proof of the person who proposes to handle the funds.
- As per law , a POA should be registered from the office of the registrar , if it related to property or for managing finance on behalf of a principal
- Hence, your mother can execute a registered POA for the same .
You can seek poa from you mother for the same and get it registered so that you can deal with movable and immovable property of your mother
POA is the correct course (special power of attorney to be precise)
Pan card can be easily applied for and obtained
Same goes for aadhar which is not a document identifying one's nationality
But since ur a US citizen there would be logistical issues in exercising the powers granted under the POA
So I suggest you give a special POA (a limited one with precisely stated powers and not copy pasted from some format as many lawyers do) to some trusted person in India
The said POA has to be a revocable POA and NOT an irrevocable POA
The POA has to be notorised before a public notary
If you want legal POA for property maintenance of movable and immovable properties then you should have PANa d Aadhaar card.
Plus you have to come India and perform legal POA.
Hi, your mother can execute Power of Attorney in favor of you to act on behalf of her.
Dear clients,
in order for you to obtain a power of attorney, your parents need to give their authorization in front of a notary. The guardianship requires probate court approval and supervision, and involves proving the incapacity of your parents through medical statements.
