settlement on power of attorney
15 Jul 2014, 13:37
Hi,
My name is sashi and I have a query regarding settlement of my big fathers(fathers elder brother) property. He died by giving power of attorney to my uncle(my fathers uncle’s son) and now he is saying that I will not give any share where in my father has all the rights in the property as a blood brother.
Suggest me on how to settle this issue and what are the legal complications on equal settlement.
5 Replies
Dear,
If the same was ansectral property then your father has birth right, which further passed on to you and your siblings on his death i.e your father. No matter the power of attorney is given by your father, still your consent was not taken and your right cannt be given without your valid consent. My suggestion is that you should immediatly file a suit for the same and get th decree in you favour.
Advocate Kapil Chandna
9899011450
Hi,
Yes.
This property was purchased after selling my ancestral property ie my big father has purchased it after selling our ancestral property which was equally shared by then. My question is do we have the rights to file a suit to claim for equal settlement when my uncle is having the power of attorney. My father is the only blood brother of my deceased big father. What are the litigations in this case and on what probability my uncle can claim for 100% share.
Dear,
Yes you can file the legal suit claiming that the POA was not valid and claiming your property on the basis of title as a legal heir.
Advocate Kapil Chandna
9899011450
What if the will is written on my uncles name who is not a legal heir. My fathers elder brother was totally sick and he was in his last stage of life when he wrote the will to my uncle(fathers uncles son)
Would like to know how to proceed if he claims right on the property.
unable to reach you on the given number. What are the legal formalities to change the property of my big father’s property under my fathers name.
As per law what are the requirements.