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Challenging an POA

(Querist) 10 February 2016 This query is : Resolved 
Myself Rajeev from Pune. My brother has obtained the POA from my Father & Mother by cheating them. POA is for the property that was purchased by my grandfather. Grandfather died without any will. Property is divided by all the legal heirs. I am the son of one of the legal heir.

The POA is registered.

I checked with mother and asked her whether she has signed such document, but she denied. She stays with my brother and hence she may not go against my brother even after she get to know about it later. Now I need to check with my Father. Even he stay with him. My brother manages all their expenses.They both trust him. I have following question on this.

1. Can I lodge a police complaint against this?
2. May be they both or one of them is aware about it but they are under some pressure. Not comfortable to tell me. What should be done about this?
3. Can my brother dispose off some properties of my grandfather using the POA?
4. What is the process if I need to challenge the POA?
P. Venu (Expert) 10 February 2016
The property belongs to your father or mother, as the case may be. They have got the absolute right to deal with their property in whatsoever manner they like by themselves or their duly constituted POA.
Devajyoti Barman (Expert) 10 February 2016
1. Since the maker of POA has no allegations against the agent/your brother , no complaint will lie agaisnt him.
2.Convince your parents to revoke the POA.
3.Yes, he can sell the share of your father.
4. You can not challenge the POA. Only your parents can.
Rajeev (Querist) 10 February 2016
Thanks.That answers my query. I really appreciate for the prompt response. Impressed!
Kumar Doab (Expert) 10 February 2016
You have posted that:
"Property is divided by all the legal heirs. "
Is this division registered?

If yes then your father is free to dispose his share in manner as it pleases to him and you have no cause against other legal heirs of your grandfather.
Rajeev (Querist) 11 February 2016
I don't see any document registered like deed of partition/divide. There are 3 legal heirs and total area is divided into 3 parts. Each of this part has a separate development agreement. Needless to say each of them having their own specific terms and hence separate document for each part. My father being one of the legal heir including him we have my mother, brother and myself mentioned in this development agreement as legal heirs. Hence I said it is divided as it is exactly separated equally.

Having said this now I have couple of more questions as below-
Can father prepare any other document to remove some or all other names from his share? If answer is yes, he can still dispose his share from the property, right?
rajagopal.s (Expert) 11 February 2016
Hi
In your case it is ancestral property. If the partition between your father and his brothers has been effected by Registration in Registrar office, then it becomes an absolute property of your father. Now if your father and mother (do not know how she got the title) have given a Power of Attorney, that does not meant that your brother can deal with the property in any manner. please note that in case of property transfer, there should be a transfer by paying stamp duty and registration fees. the property transfer can be by way of Gift deed or relinquishment deed. Just because your brother is a power of attorney holder, he cannot deal in the property without consent of your parents.
Kumar Doab (Expert) 11 February 2016
You have posted that:


"I said it is divided as it is exactly separated equally."


If it is separated/divided equally by a registered family agreement etc then also it may confer ownership right o each part OR it might be say by inheritance and boundaries are entered.

What exactly it is that is to be found and confirmed by you.


OR you may show whatever you have to your own lawyer and let your lawyer opine on it.
Rajendra K Goyal (Expert) 11 February 2016
Your parents have absolute right to give POA at their wish. Try to get the matter resolved amicably.
Rajeev (Querist) 11 February 2016
My last query on this question is- If I get a fresh POA signed from My MOM & DAD will the old POA get cancelled automatically which is an irrevocable one? Does it works like a will? When a new one is signed old one is automatically cancelled.
rajagopal.s (Expert) 12 February 2016
POA and Will are two different things.
A POA needs to be cancelled (in your case it is a registered document so the cancellation should be done at SRO office only).
Will (go for a registered will) will be effective only after the life time of parents.
Registered Gift deed can solve your problem. your parents can give a registered gift deed which means the property is transferred to the Donee in their life time only . however there will be a stamp duty and registration charges payable now only. anywhich way if the property is transferred through Will, still stamp duty and registration charges need to paid.
Rajeev (Querist) 12 February 2016
Got it. Thanks ☺


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