DIVISION OF PROPERTY

SUBHASH SHARMA (Querist) 29 March 2010 This query is : Resolved
ONE OF MY CLIENT WHO HAVE POWER OF ATTORNEY OF RESIDENTAL HOUSE IN HIS NAME AND HIS ELDER BROTHER’S NAME JOINTLY WHICH WAS EXECUTED BY HIS FAHER AND MERRIED SISTER (PROPERTY WAS IN THE NAME OF HIS MOTHER WHO IN NOT ALIVE).

FATHER REMARRIED AND LIVING SEPARATELY.

SISTER IS ALSO MARRIED.

NOW FATHER AND SISTER BOTH CAME TO MY CLIENT THREATENED HIM AND EXPELLED FROM THE HOUSE.

ALL ORIGINAL PAPERS ARE LYING WITH MY CLIENT NOW BOTH FATHER AND SISTER ASK THE ORIGINAL PAPERS FROM MY CLIENT.

1) WHAT SHOULD HE DO NOW KINDLY SUGGEST.

2) ATFTER THE DEATH OF THE MOTHER OF MY CLINET THEY SHOULD HAVE FILED FOR SUCCESSION CERTIFICATE.

3) POWER OF ATTORNEY IS VOID OR NOT.

4) CAN FATHER AND SISTER WITHDRAW THE POWER OF ATTORNEY.

KINDLY SUGGEST.

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Parveen Kr. Aggarwal (Expert) 29 March 2010
If the property was in the name of the mother, after her death all her legal heirs will succeed to her properties (in case she has not executed any will excluding any of the heirs). There is no need of succession certificate in case of immovable property. From your query, it appears that there are only four legal heirs of the deceased, i.e. your client, his brother, his father and his married sister. So, all have become owner of one-fourth share each. As the father and sister have executed power of attorney qua their shares, your client and his brother may exercise their authority under the power to attorney and can sell the entire property. But your client and his brother are only agents of their father and sister and they will have to pay the share of sale consideration of their principals, i.e. their father and sister.

The father and sister of your client may revoke (withdraw) the power of attorney.

adv. rajeev ( rajoo ) (Expert) 30 March 2010
After the death of the mother naturally her legal heirs will succeed the property.
PA can be revoked at any time by the executant