Have a look at the below scenario and guide me with suitable advice as per law
Am having Approved Residential Plot of 1 Acre which were given for sale by thru POA
Now am decided to draft a WILL or Settlement Deed to my heirs (Sons & Daughters)
Questions and doubts here as
Whether POA has to cancel before drafting either WILL or Settlement Deed or NOT ???
Or Else that the status of POA stands invalid after drafting WILL or Settlement Deed
Please guide and refer along with case laws if possible
Earliest reply will appreciate my heartfelt thanks
CA Mari sankar
Please express your valuable opinion on the following matter :
'A' had a flat in Cooperative Group Housing Society (CGHS). The same was under construction during his lifetime and hence not under possession. Before allotment could be made, A expired. 'A' had done nomination in favour of 'X' who is not in blood relation. Post A's death, X made the payment for remaining installments to CGHS to which the society never objected and often issued letters/demand notices in his name as well. However, now when X approaches CGHS for allotment, CGHS is saying that nomination is not valid since it is not in blood relation and challenges X as fraud claimant.
Q.1 Is the claim of society valid?
Q.2 What can be done by nominee or the legal heirs to resolve this issue?
Q.3 In case none of the sons & daughters of A are alive, can his grandsons / granddaughters claim their right in property? If yes, how the property can be allotted/transferred in one of their names?
Q.4 Out of a nominee and legal heir, whose rights to property are more powerful?
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sarvesh k sharma 09258044407
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