Kailash Kaushik 05 July 2015

Legal partition related dispute

Hi, I am posting this for an advise on my ongoing silent dispute wherein I would like to addres past events. My father bought a house of 125 sqr yrds in Delhi on GPO. My father past away about 4 years back. However, before that he again made three different power of attorny on the name of all three sons, but did not sign the will document out of those documents.
Later after my father's death my eldest brother took the papers from my mom saying that he would get the xerox done for consultation. However, he did not return them back. Now he is forcing my mom to sell out her samll property (nearby located) and build the house floor wise. But I want to get my own peice of land apart and wanted to get the registry done for my part which I am unable to do without old documents. Moreover, my both brothers are not ready to vacant my peice of land.

Is there any way I can obtain my peice of land and get the registry done. As of now we all are residing in same old house (which is in bad condition) except my eldest brother who recently moved in a rented flat.

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2 Replies

Kumar Doab (FIN) 05 July 2015

It is believed that you are Hindu.

Your deceased father (GPO holder) has died after issuing POA (probably special) in the name of all sons (3) and not in the name of your mother. Your brothers are not cooperative with you.

Your father has not left any WILL. Your mother and all children of your father are ClassI Legal heirs of his estate and shall share it equally.

Your brother has taken away the document from your mother and is unwilling to give it back.

If the POA (in the name of your father and 3 brothers) is registered a certified copy can be obtained.

You should preferably consult an able and may show all of the property related documents (whatever you have) to an able lawyer dealing in property/revenue/family/civil matters and well versed with state rules and the lawyer can advise you further after examining all documents.

Your counsel may opine that after the death of POA holder the POA is not valid, unregistered POA is no good, and your mother & you can file complaint that the brother is forcibly occupying the documents and is not sharing, and that you can file for partition of the property and during partition any document that comes up can be addressed by court.

Tread carefully if the documents are not registered.

A amicable family settlement can also be the option.

If new property (Floor wise) is registered in individual names and properly with rights to passage then you can sell it later.

saravanan s (legal advisor) 05 July 2015

However, before that he again made three different power of attorny on the name of all three sons, but did not sign the will document out of those documents.

i assume that he had died intestate.in that case you can obtain your share by filing a partition suit.also obtain an injunction over your brother