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yogesh sharma   09 June 2018

Query relating to Will

My Grandfather gave Power of Attorney of a land to my father.

My Father Mortgaged that Land with a Bank and took a loan.

Now my grandfather wants to make Will and give the Land to me.

Can he do so?

Loan is not fully paid yet by my father.


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 3 Replies

Adv Deepak Joshi +917017821512 (Advocate)     09 June 2018

Loan cannot be granted on the bases of power of attorney, as power of attorney does not gives ownership right, property of the other owner cannot be mortgage by bank.

Your grandfather can withdraw his power of attorney and can dispose his property in way he want.

 

Kumar Doab (FIN)     09 June 2018

Discuss in person with your own very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/succession/civil matters  and well versed with latest citations, LOCAL applicable rules/laws/personal laws… and having successful track record…. and worth his/her salt…..and show the said PoA, Loan related docs etc etc

Check at LOCAL civil courts, HC,SC..for such counsels..

There might be deeper issues involved and your counsel can update you in person.

IT shall be good if your father repays the loan and your grandfather revokes the said PoA.

Kumar Doab (FIN)     09 June 2018

Thereafter your grandfather‘s WILL (preferably registered) in your favor can be without legal complications….

The WILL (even if registered) can be contested by legal heirs ( e.g; your father) and creditors… .

The creditor is not  stranger to WILL..

The elnder must have analysed the POA before granting loan.

Rest is upto you and you may proceed in consultation with your own LOCAL counsel as already suggested.


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