Claim in grandparental property

jyoti (Querist) 03 October 2011 This query is : Resolved
Dear Sir,

I am Jyoti from mumbai. My query is as under-

My fathers younger brother (4 brothers in all) had sold off their parental land & house after my grandparents demises(18 yrs back), through a power of autorney for sale given by the other brothers and my father. The proceeds of sale was partly used by the younger brother for own persoanl expenses and partly used to acquire another land in his own personal name( the younger brother was unemployed then and all the brothers were busy with their family life, so gave a powery of autorney to sell).

1) Can I / or my father now claim a share in the land acquired by my brother on the basis that the power of autorney was given to sell of the land not to use the proceeds of sale for personal use.
2) Since no proceeds of sale was shared between the brothers , what is the remedy now.
3) Can I on my own consent, file any claim of share in the new acquired property as my father is not interested to make a claim against his brother as he states this would spoil relatations.

Regards
Jyoti

Follow Query

Report Abuse

R.Ramachandran (Expert) 03 October 2011
If your parents and other legal heirs had given the power of attorney to him and if he had sold it there ends the matter.

If your father and others had not got their share in the sale proceeds and had not claimed for all these years, now there is abolutely no chance of claiming a penny from the same.