Asked September 04, 2016

Legal power of attorney

  • 1 Answer

My house is registered in my spouse name as first holder and me as second holder. I wish to draft a legal power of attorney whereby primary rights are available to me only. Let me know what needs to be done in this case?

Answer 1

From the bare reading of the facts provided by you it seems that since your wife is the first holder and you are the second holder, the relationship between you and your wife is that of survivorship, i.e. as long as your wife is alive the rights will remain vested in her and the house will pass to you after her death. It also means that you are joint owners of the house. Since your wife is the first holder, she has been vested with all the primary rights but this does not mean that she can alienate the house without your consent.

Coming to your query, you can get your wife to execute a general power of attorney deed in your favor. A general power of attorney deed has broad powers that allow the agent (You) to perform practically every action and sign almost all the documents that the principal (Your Wife)could have signed if personally present. Unless a general power of attorney deed has a specific expiration date or the principal revokes it in writing, or an event occurs that terminates it under the law, it should remain in effect until the death of the principal.

The other option available to you is the remedy of a relinquishment deed. A relinquishment deed is an instrument by which the executor of the deed (Your Wife) relinquishes her claim, i.e., gives up her claim in a property in favor of another person. If u get your wife to execute a relinquishment deed in your favor, the implication would be that you would become the sole owner of the house.

Agree Comment 0 Agrees about 4 years ago

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