Legal Question in Wills and Trusts in India
Change of Nominee on Documents under a Power of Attorney
The person has property immovable as well as movable(with nominations to various kith & kin) Properties are self-made during his lifetime. After suffering from an unknown illness for more than two years the person dies leaving a will bequeathing all the property to his wife and instructing to hand over the movable property(Fixed Deposits, Income Plan Savings etc. made a few years before this illness) to the nominees in those instruments. He was paralytic with loss of speech during these entire two years. Communication was by his answering to questions thro predetrmined signs like blinking or trying to move a finger.
Under the circumstances and just before he lost full control of his limbs a power of attorney is taken from him by the relative(s)who weere looking after him for operating his financial matters. The exact nature of the POA is not known.
During this period of his illness the nominees to certain instruments have been changed, a time during which the person was terminally ill and paralytic.
Question is :
Can a PA Holder(s) authorise such action.
4 Answers from Attorneys
Re: Change of Nominee on Documents under a Power of Attorney
If the POA holder is incapacitated the POA will be invalid .Please contact for further details on 020-5434569
Re: Change of Nominee on Documents under a Power of Attorney
Re: POA
Dear Sir,
We are in receipt of your letter dated June 17, 20003.
We understand that the person has executed a will bequeathing all the property to his wife and instructing to hand over the movable property to the nominees in those instruments.
We further understand that a Power of Attorney (POA) was taken by the relatives of the deceased just before he had lost full control over his limbs as he was suffering from paralysis for the past two years.
We further understand that during the period of his illness the nominees to certain instruments have been changed when he was paralytic.
Under the law if it could be shown that at the time of executing the POA, the person was not of unsound mind and was not a minor, the POA shall be valid and binding. The POA holder can be authorise to do any act, which is assigned to him under the POA. Since the subject matter of the POA in this regard is not known, we can not say anything further on this subject.
In case you need any further clarification / information on the same, please feel free to contact us.
Thanking you,
Yours truly,
Dubey and Partners
310,New Delhi House
27, Barakhamba Road
New Delhi - 110001
India
*****************************************DISCLAIMER******************************************************
Kindly note that the above said is general in nature and should not be taken as the legal opinion as we do not have the knowledge of the facts and circumstances of the case.
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Re: Change of Nominee on Documents under a Power of Attorney
Question does not disclose full information. Wether deceased was in full and proper senses or not? And wether the change in nomination/s were under his instructions or not? These and other questions which may arise in the given situation are unanswered. Hence, it is not possible to give a precise answer.
If his mental senses were ok and it can proved so - in that event it is not possible to challenge the nomination - but if it can be proved otherwise then the situation may be different.
Re: Change of Nominee on Documents under a Power of Attorney
Follow things have to be done,
1) First thing is to have the will probated in the Court. Where the genuineness of the will has to be proved. MIND THIS IS VERY VERY CRITICAL AND IMPORTANT.
2) Power of attorney ceases after the death of the person. So there exist no such power of attorney to carry out any function of the deceased.
3) Since then one could claim his part from the property whether movable or immovable of the deceased.
4) For changes in the nominees no clear imformation has been provided by you, to give u exact advice. For the same recitials of the will has to be considered.
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