Imran (propriter) 24 July 2014

Power attorney

This is matter regarding distribution of Land/ Power of Attorney/ final transaction between brothers and sisters.

My friend has two brothers and four sisiters, and has 60 ghunta parents land, they made final agreement between brothers and sister to divide this land in three parts, two parts for two brothers and one parts for all sisters as per their religion/caste law, Sisters parts land has been sold out and all amount has been distributed among all sisters.

Two Brothers made agreement and power attorney that in future there will no amount will be given or any sisters will not be able to interfere in brothers land parts transaction, All sisters signed Power Attorney and submitted to brothers.

But as of Current situation, All sisters got united and made a agreement with their own signatures to cancel Power of Attorney which they had given to brothers, But Brothers were opposed this agrrement.

So my question is by any Court of Law all sisters can able to get Power of Attorney back which they had handover to Brothers, If Brother opposed to give them.

If all sisters went to court to fight against brothers will they will win ? or as per Power of Attorney, brothers will have all rights on land as per law.

Please reply this very Urgent matter, I support brothers is this right ?

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3 Replies

Dr J C Vashista (Advocate) 24 July 2014

Was the family settlement registered? If yes, it is binding upon sisters as well brothers.

Show the deed of settlement to a local lawyer and seek guidence/advise.

T. Kalaiselvan, Advocate (Advocate) 27 July 2014

Dr. Vashista Sir, the author is referring to power of attorney deed and not family settlement deed.

@Imran

Please note that the principals of the power of attorney deed executed in favor of the agent can very well revoke the same anytime by just issuing a notice to the agent and executing cancellation deed in the concerned registrar office, thereby the poa deed will be nullified. the other aspects that is, if they would approach a court for partition etc, to be made know from them only and in case they proceed through court, as a share holder, they can very well claim for their rights and the case will be maintainable.

Dr J C Vashista (Advocate) 27 July 2014

Dear Kalaiselvan,

I fully agree and appreciate your observation that the query peratained to "Power of Attorney" as per headnote. Similarly in the later part Mr. Imran states, "All sisters signed Power Attorney ..." "..."...by any Court of Law all sisters can able to get Power of Attorney back .." ... "or as per Power of Attorney, brothers will have all rights on land as per law.." Thank you for correcting me.

However, the query of author is observed to be confusing as Mr. Imran stated in the body of the query inter alia, "...they made final agreement between brothers and sister to divide this land in three parts,.." accordingly I opinioned it to be a "FAMILY SETTLEMENT".

In this context, the attoney can proceed/act as per covenants of the said "Power of Attorney.." during its subsistance, which is revocable. However, any action taken by the attorney during the life of said POA shall be binding on the principal/grantor/executant.