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sumeet singh (employed)     26 July 2013

Power of attorney

we are four brothers. we have an ancestor land in of 1 acre in zirakpur which we have given on lease by father to an MNC. my father died 10 years back. now recently after death of my mother my mother left this property to my brother taking care of it by will. but my elder brother has given an application to register this property in all four brother name as property is in my father name. the names has been listed on the fard but fard is not approved. now the case is pending with Zirakpur SDM.

i wish to know that can i issue the General  power of attorney of my share in my brother name ( whom mother left it by will) of above said land as i currently live in uk and i have no interest in this property??



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Simardeeep Bhatia (Senior Advocate Punjab and Haryana High Court)     26 July 2013

let me put it this way all four of you are son of your father and mother and no court can deny it. only if your parents has by will seprated you from the property legally then only you have no right on it. therefore you can issue power of attorney in your brother favor of the share you received. but your brother will not be able to use this power of attorney as the case is pending with SDM and registeries will done only after it is cleared by SDM. 


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