My wife got expired 1 year back. Who will be legal heir after I got re-marriage? My wife got expired 1 year back. Who will be legal heir after I got re-marriage?

My wife got expired 1 year back. I got re-married after few months of wife's death. Who will be the legal heir of her retiral benefits and Insurance claim?

3 Response(s)

Posted 2 weeks ago


A. Dear Sir,

You will loose your rights after remarriage how ever you may rely upon the following provision of law to claim the benefits.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children ...ReadMore

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Advocate  Anik

Advocate Anik

Bangalore

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

General power of attorney General power of attorney

Can a person resident in west bengal execute and register a GPOA in Noida ?The GPOA will be executed to one of his distant relative.

1 Response(s)

Posted 2 weeks ago


A. Dear Client,
POA registered in one State is not valid to be used in other State. The POA cannot be revalidated. You may have to get the power of attorney deed registered with the concerned sub registrar within which jurisdiction the immovable property situate.

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General power of attorney General power of attorney

Hi, My father had given a general power of attorney to a individual person (Mr.X) on June 2008 which is a land with building but Mr. X has sold the property to another person (executed a sale deed in

2 Response(s)

Posted 3 weeks ago


A. Dear Client,
A power of attorney is not a valid instrument to transfer property titles when buying or selling a property. However, due to the financial benefits, it provides to both the buyer and the seller, selling a property through a general power of attorney has become common practice in Indian cities. as your case is the case of 2008, it is not sure to say if you can get your property back or to prove the sale is illegal. If the deed of power of attorney grants power to sell the property of ...ReadMore

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Power of Attorney Power of Attorney

Hi there, is it possible for 2 Principals to appoint one attorney in a Power of Attorney? Also, there appears to be errors in my parents name in the sale deed. How do we rectify this?

4 Response(s)

Posted 3 weeks ago


A. Dear Sir,
Yes, two or more principals can appoint a single power of attorney. Rectification Deed may be taken to correct mistakes found in the Sale Deed.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Advocate  Anik

Advocate Anik

Bangalore

Property dispute-Father and Son get amount for a property Property dispute-Father and Son get amount for a property

Father & Son get amount for a property from father's daughter and give POA(both are signed) to daughter ( during 1995 ). Father died before daughter got patta for the property.Is POA alive after

2 Response(s)

Posted 4 weeks ago


A. Dear Sir,
Power of Attorney ends on the death of its executor. Since father died as such the said Power of Attorney cannot be used by the daughter.

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Registration of Gala/Commercial Space not done as property bought on PoA Registration of Gala/Commercial Space not done as property bought on PoA

I bought the property on Power of attorney from a lady 20 years ago in 2001. Now I want to register the property but I could not find that lady, don't even know if she is dead or alive. So, in this ca

2 Response(s)

Posted 3 months ago


A. Dear Client,
property sale through power of attorney (PoA) has been held illegal and only registered sale deeds provide any legal holding to property transactions by the Supreme Court in the year 2011.

Thank You

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Misuse of General Power of Attorney Misuse of General Power of Attorney

1.Does an agent/power of attorney holder need to deposit the amount of sale proceeds in Real owners account? If not done, can legal heirs claim for the same from agent after 20 years? 2. Does an agen

3 Response(s)

Posted 3 months ago


A. Dear Client,
1. yes, As per the agreed terms and conditions on the POA agreement the deposit amount takes place.
2. yes, The disclosure of the information is necessary between the Principal owner and the agent.
Thank you.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Power of attorney versus gift deed for property to friend Power of attorney versus gift deed for property to friend

Hi, Due to some unavoidable reason, me and my friend are planning to buy a property which is going to be registered in my name. However, I will be giving a irrevocable power of attorney soon after so

3 Response(s)

Posted 7 months ago


A. The question here is that what is it that you want to safeguard? Is it the legally valid transfer of the property to your friend or your rights in the property? Unless you let us know what is the safeguard you are looking for the answer is difficult to provide.

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Advocate  Anik

Advocate Anik

Bangalore

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Power Of Attorney- Main points. information to be included Power Of Attorney- Main points. information to be included

What are the main points/ information required to be incorporated by the principal,( non-resident ) who wants to execute a deed of conveyance for the purchase of property through his attorney and regi

3 Response(s)

Posted 7 months ago


A. Dear Sir,
It depends upon facts of your case. Please share more details about history of your case to draft Power of Attorney.

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Advocate  Anik

Advocate Anik

Bangalore

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

POWER OF ATTORNEY POWER OF ATTORNEY

My Father after giving general power of attorney of residential building to my mother in 2003 , gifted this property to my elder brother in 2004 through gift deed, can you please let me know after gi

3 Response(s)

Posted 9 months ago


A. Dear Sir,
He should have cancelled Power of Attorney before executing Gift Deed but he may deny such execution of Power of Attorney and validate execution of Gift Deed.

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Advocate  Anik

Advocate Anik

Bangalore

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya