Property
Anupam Dash
(Querist) 24 March 2012
This query is : Resolved
Hello. I am the only son of my parents. My mother is the only daughter of her parents and she has two brothers. My maternal grandfather (my mother's father) expired on 14th March, 2010, survived by his wife, his two sons and my mother. My maternal grandfather had some properties which includes landed properties and a house. Now, my uncles (my mother's brothers) and my maternal grandmother (my mother's mother) have already sold certain landed properties, and my mother has also given her required signatures out of familial affection and to avoid any conflict. She did not get a penny, inspite of the fact that she is a coparcener. Even I did not get anything. I dont want to agitate or demand a share from whatever has already been sold.
I would like to know, how can I restrain my maternal uncles and maternal grandmother from further alienating the properties. In other words, I would simply like to know how can I get my share whenever there is any transaction in future. Can I get a Power of Attorney from my mother that henceforth I would be dealing with the properties whenever the occasion arises to sell them? Or if there are any alternate efficacious remedy, please suggest.
ajay sethi
(Expert) 24 March 2012
your garand father has died intestate . on your grandfather deathyour grand mother , 2 uncles , and your mother is legal heir .
in case any property is sold in furture your mother signature would be required . if your mother refuses to sign property cannot be sold .
ask your mother to talk to your grand mother in this regard . it is better all sissues are amicably resolved within the family .
you dont have any share . it is your mother wishes that counts .
Anupam Dash
(Querist) 24 March 2012
Thank you very much sir for your reply. I just want to know if I can get a Power of Attorney in my favour from my mother stating that henceforth, she authorises me i.e. her son to deal with the properties as and when they are sold which includes not signing the required documents if my uncles and grandmother refuse to give us our share.
Deepak Nair
(Expert) 24 March 2012
Yes. Your mother can authorise you vide a power of attorney to handle her share in the property.
They cannot alienate the property without the consent of your mother, or you if you are duly authorised vide the POA.
Shonee Kapoor
(Expert) 25 March 2012
Rightly advised, you can get PoA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 25 March 2012
Issue notice to your relative, not to sell or transfer any more property, as it is objected to by your mother, and that you also have a right in the said ancestral property, after your mother.
OK get Regd POA & handle
