POA

Dear Client,
The validity of General Power of Attorney(GPA) extinguishes with the death of the Principal/Executor or the GPA holder and its enforceability gets seized. A nominee is the trustee of the funds or properties of the deceased owner and is legally bound to transfer the properties to the legal heirs of the deceased owner once they stake their claim. In case of no will, the succession laws decide the claim of legal heirs in the assets or deposits left by the deceased owner. The property of a male Hindu dying intestate i.e., without any will, shall devolve according to the provisions of Section 8 of the Hindu Succession Act, 1956, (a) firstly, upon the heirs, being the relatives specified in class - I of the Schedule. The property of an intestate is divided among the heirs in class - I of the Schedule as per rules prescribed under Section 10 of the Act that include the intestate’s widow, surviving sons and daughters and the mother. Brother and sister of the intestate come under the purview of Class II heirs and their claim to property of the intestate is considered in the absence of Class -I heirs of the intestate owner. So, neither by virtue of POA nor nomination, your claim of ownership over the intestate property stands inadmissible and impermissible under the relevant law. Moreover, even if you documented your ownership of the said property applying undue influence or fraud, the legal heirs of the deceased owner can challenge the said documents before the Court.

Dear Client,

See, if you are the Power of Attorney (POA) holder and nominee for a property but are not blood-related to the owner, and the owner passes away without leaving a Will, the legal position changes significantly after the death of the person who granted the POA.
The question whether his brother can claim the property : Yes, the brother can claim the property if the owner dies intestate (without a Will). Under the Hindu Succession Act, 1956 if the deceased was Hindu, or applicable personal laws in case of other religions, the legal heirs of the deceased. So, upon the death of the principal Power of Attorney (POA) becomes automatically null and void . You will no longer have any authority to act on behalf of the deceased and as a nominee and will only hold the property in trust for the legal heirs, you are only a trustee of the property and do not become the owner automatically.

How to Safeguard Yourself and Become the Legal Owner?
1. Get a Registered WILL in Your Favor Ask the owner to execute a registered Will clearly stating that the property is being bequeathed to you.
2. Execute a Gift Deed in Your Favor
3. Execute a Sale Deed in your favor for nominal consideration.

So, If None of These Options Are Followed and owner passes away without executing a Will or Gift Deed , and you are only the nominee:
- The legal heirs (like the brother) can claim the property.
- And You will be legally bound to transfer the property to the legal heirs.

Dear Sir,
You have to file a dummy suit to declare yourself as owner of the Property since you are in physical possession of the Property and thus take a Civil Court decree in your favour. You may make some of your friends as defendants.