Will or Power of Attorney in India
A Will, Codicil, and Power of Attorney (POA) are essential legal instruments for managing and protecting your property and personal affairs in India. If you are wondering how to write a Will in India, a Will is a legal declaration through which a person specifies how their movable and immovable assets will be distributed after their demise. It is typically executed by an appointed Executor who ensures proper administration and final distribution to the beneficiaries. Creating a legally valid Will helps prevent family disputes and ensures a smooth transfer of ownership through probate.
Similarly, understanding how to make a Power of Attorney in India is crucial when you want to authorize a trusted person to handle your financial, legal, or property matters on your behalf. A POA can be general or specific depending on the authority granted. In situations where authority needs to be withdrawn, knowing how to revoke or cancel a Power of Attorney in India is equally important, which involves drafting a revocation deed, notifying the concerned parties, and registering the cancellation where required.
The Indian Laws have defined and clarified the importance of will under following law
- The Indian Succession Act, 1925
- Hindu Personal Laws
- Muslim Personal Laws
- The Indian Registration Act, 1908
A will can be both Registered will as well as Non Registered. It’s a document of critical importance and utmost care is required as to the selection of witnesses and the contents of the same. As there is no prescribed format for making a will, it can be written in any language and does not require any technical jargon. The document should be free from dubious and unambiguous words. ​
Power of Attorney
A power of attorney is a legal document which enables a person to act on your behalf in your absence. A person living overseas can get a POA made in favor of his relative / friend residing in India to represent him/her and take decisions on his/her behalf.
A person living abroad has to get the POA notorized from the country of origin and then get the same endorsed from the Indian embassy in the country of origin. He/she also has to get a copy of his passport attested by the notary along with POA before he sends the same to India. Once the Power of attorney document reaches India, the same has to be endorsed by the concerned department to make it a valid document.
Power of Attorney is a crucial legal document which needs meticulous drafting and adherence to avoid any kind of conflict and harassment at later stage.
Keeping in view the overall importance we have stand alone department at RK Legal Advisors dedicated to Wills, Succession Certificates and Power of Attorney to and to protect the rights of our NRI clients. We assure you that our dedicated team can help you at every stage of its execution to make this process simpler for your benefit.