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Poa for ancestral property

Guest (Querist) 06 February 2016 This query is : Resolved 
We have an ancestral property from our Grandfather. He died without making any will.

My question is regards to the POA. Can one of the hiers get the POA from my father without consent of all other legal heirs?

If such POA (irrevocable) exist without knowledge of other legal heirs can we challenge such POA in the court of law? Our ancestral property hasn't been divided yet but has only gone under development rights
Guest (Querist) 07 February 2016
Setting status as open as it was showing as closed. Thanks
Guest (Querist) 07 February 2016
Setting status as open as it was showing as closed. Thanks
Dr J C Vashista (Expert) 07 February 2016
Personal Identity implied "anonymous" author, which is not replied.
Guest (Querist) 07 February 2016
Thank you. If that is the case then I am no more interested to be on this forum. I don't intend to disclose my identity and so was not willing to display my name on the website. You should be smart enough to understand that for property matters may not all people want to disclose their name.My ethics doesn't allow me to appear with a fake name and hence changed my display name as Personal identity.

I request the concerned authority to explain me why are we suppose to reveal our name in first name. For a website like you it shouldn't matter who is asking the question rather you should be focussing to answer the question you being the expert
Guest (Querist) 07 February 2016
Why are we supposed to reveal our name in first place?
Rajendra K Goyal (Expert) 07 February 2016
My question is regards to the POA. Can one of the hiers get the POA from my father without consent of all other legal heirs?

Ans:--- Yes.

If such POA (irrevocable) exist without knowledge of other legal heirs can we challenge such POA in the court of law?

Ans: __ Whether your father is alive? The language of the document need to be referred, consult local lawyer.
Guest (Querist) 07 February 2016
Thanks Rajendra. I would like to tell that it is not ancestral but it is my Grandfathers self- acquired property who died without any will. I didn't find any option to change my query and hence mentioning it separately.

Even grandmother died without any will. Yes. My father is alive..The title of POA is mentioned as GENERAL POWER OF ATTORNEY. But it has a clause saying that it is irrevocable.. Is this allowed? I believe by having such clause doesn't make it irrevocable, right? Also the POA is from my father and mother mentioning that they are giving this because they are ill. It doesn't have any medical certificate attached. In such case does such POA remains valid? By the way my father and mother are not ill. It is made with false statement with no medical certificate.

Also please let me know the process to challenge such POA.
Guest (Querist) 09 February 2016
Plz reply on my last query.
Guest (Querist) 09 February 2016
Plz reply on my last query.
Guest (Querist) 09 February 2016
Plz reply on my last query.
Anirudh (Expert) 09 February 2016
What is your problem if your father or mother gives Power of Attorney to some one to act on their behalf?

You are not stating any fact situation and the problem that you face. Instead asking some question in the abstract.

Legal reply cannot be provided based on one sentence of yours. You have to indicate the complete fact situation and only your query based on that fact situation.
Guest (Querist) 09 February 2016
OK. Here are the facts and some queries pertaining to it
1. My MOM & DAD have given Power of Attorney to my brother for their share obtained from my grandfather's property which is divided but not partitioned yet. It was divided with mutual consent from all legal heirs of my grandfather. Can I challenge this POA being one of the legal heirs?
2. This property as said was divided when all the legal heirs entered into an agreement for developing the same with a builder. Property is divided and developed and even I have my name entered as a legal heir within this agreement. Can I ask for a share within this developed property?
3. We are 2 brothers and my MOM is also alive. Is it possible for my DAD to say no to everyone or any one of us and dispose off the property without our consent as the property is now developed and is ready? All our names were mentioned in the development agreement as legal heirs
Anirudh (Expert) 09 February 2016
How can your mother have any share from your grandfather's property?

You say that your name has been mentioned in the development agreement as "legal heirs" - Legal heir of whom?

If you are legal heir, then you are entitled to any share in the property only after the life time of the person to whom you are a legal heir. During his life time, the legal heir cannot claim any share.


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