I want some legal advice regarding my home
1 month ago
My father buy two big homes on my elder brothers name home which are divided in 4 equal parts in which one is on the name of my 1st elder brother and other is on second elder brother in which I live in house it is on the name of my first elder brother but now he is died and it is still on his name after that it can be on his wife or son and before my brother died some months ago my mother is also died But is have FAMILY MEMORUNDAM settlment signed by my mother&all brothers and power of attorney regarding it. And in family settlement it is clearly say that they never cancel this power of attorney I any case but now his wife is not transferring my home on my name in which I lived from about 20 years so what I can get advantages in this issue in this case if I go legally .
When a person passes away without leaving a will (intestate), the surviving family members are entitled to an equal share of the property according to Hindu succession laws. A family settlement that lacks the signatures of all surviving legal heirs does not apply to those heirs and cannot override the provisions of succession laws. Additionally, the enforceability of a Power of Attorney ends with the death of its executor. In the given situation, it appears that no legal remedy or relief is possible based on the available information, even through litigation.
When a property left by the deceased owner intestate, i.e, without any will, the surviving family members of the deceased owner are entitled to an equal share in the said property following the Hindu law succession. A family settlement where the surviving legal heirs of the deceased owner are not signatories does not apply to them and cannot override the provision of succession law. The enforceability of a Power of Attorney is seized with the demise of its executor. So, in the given scenario, no legal remedy or relief is feasible for you on the face of the record even through litigation. Reach out to an Advocate for guidance and steps.