property dispute
4 years ago
hello sir ... i want to get a suggestion about a property dispute going on in my family. my grand mother was the owner of the property and in her will she mentioned that my dad and my uncle will be the heirs of the property after her. but my uncle got died two months before and meanwhile my three aunts got a power of attorney in their favor to posses half of the property which belonged to my uncle. a week before my grand mother got died as well. Now my aunts are showing their claim against the property. i want to add one more thing that my grand mother was ill from three months and she was not in condition to make a mindful decision we believe that aunts got the attorney signed (Thumbprint) forcefully. What should we do now?
In case they say that they can sell the property because they have PoA then also they will be wrong as Section 201 of the Contract Act, 1872 lays down;
Termination of agency.—An agency is terminated by the principal revoking his authority; or
by the agent renouncing the business of the agency; or by the business of the agency being completed; or by either the principal or agent dying or becoming of unsound mind; or by the principal being adjudicated
an insolvent under the provisions of any Act for the time being in force for the relief of insolvent debtors.
Through Power of Attorney no property can be transferred and after the death of your grand mother power of attorney comes to end. Secondly since Will is not cancelled so property have to be divided as per the terms of Will only. Please give me Rank 5 if you feel my answer helped you
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The Honorable court has held that when someone transfers any immovable property through GPA, it does not convey any right or title or create any interest in respect of such immovable property in favor of such person as only a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, does so.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
1. If the property was self-acquired property of your GM, then she can dispose of the property as per her wish.
2. Coming to the partition of the entire property, if she has made a will/gift, your dad's half of the property secured.
3. And the rest half shall go to your uncle heirs.
4. In absence of any heirs, the same portion shall distribute among all siblings of your father including your father.
POWER OF ATTORNEY
Registration of Power of Attorney for deemed membership to association
Need for registration of Power of Attorney for deemed membership
Validity of GPA
GPA for Donee Accepting Immovable Land Gift Deed
