Wrongful partition of ancestral property
Jayaprakasan Nechully
(Querist) 09 March 2012
This query is : Resolved
As I was employed out of my native place, for the purpose of partitioning our ancestral property, I had executed a Power of Attorney in favour of my late mother on the basis of which a partition took place. This has happened in 1982. Now I learn from a reliable close relative who recently passed away, that my mother was under coersion to acceed 2 units of the property to my Youngest sister and her minor son (2 years old then) who is not eligible for such a unit share in terms of Marumakkattayam Law ( Kerla Nairs' ). I there a remedy for me to set aside the properties thus acquired my youngest sister and her son and re-divide the one unit(share) enjoyed by her son now. Can a power of attorney be used to execute a document by which the person given the power of attorney is denied of his rights in such a manner? Does the law of limitation apply to such a case?
ESTHERPRIYA
(Expert) 09 March 2012
Need to check the POA because if it is a general POA settlement / partition without consideration cannot be carried. Look at the clauses in the POA.
Shonee Kapoor
(Expert) 09 March 2012
As the case is of such long back. The partition can not be reopened now. When both your mother and the said witness of such coercion has expired.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
