Selling my dad land but 2 poa.

Satish (Querist) 22 October 2023 This query is : Resolved
Hi,
10 years back, we went to register office and completed a POA agreement for my dad.
He died 2 years ago.
my dad has 2 sons.
i am youngest.
No i want to sell the land or sell my part of land or get my half share separately under my name.

1. Do i have half of the property ownership for myself?
2. Do i need consent with the 1st son to sell the whole land?
3. Can i register half of the land under my name?

i want to have my own share or sell my own share.
Can you pls provide sugessino and guidance.
Thank you.

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Quick Summary

A person is seeking advice on selling land after their father, who had granted a Power of Attorney (POA), passed away two years ago. The father had two sons, and the POA is no longer valid. The main questions revolve around ownership rights, the need for the other son's consent to sell, and the possibility of registering a share separately. It's confirmed that the POA is cancelled upon the grantor's death, and the property devolves equally among the legal heirs (the two sons and the mother, if alive and if the father died intestate). If co-heirs disagree on selling, a partition suit can be filed.

kavksatyanarayana (Expert) 22 October 2023
How many siblings do you have? Is your mother alive? The POA executed by your father stands automatically cancelled as he died two years back. So all the legal heirs have equal share over your father's property. So state full facts.

Satish (Querist) 22 October 2023
1st son alive, I am 2nd son, mom is alive
But 1st not accepting to sell land.
I need my share and sell it.

T. Kalaiselvan, Advocate (Expert) 22 October 2023
You have posted the same question in the forum section of this website.
My anser given in the forum is repeated below:
If your father had executed a POA then it is valid only till his lifetime. It stands cancelled automatically upon his death. If the property remains undivided, unsold by the Power agent till this date, then as one of the legal heirs you are entitled to a legitimate share out of yuor fathr's property as his successor in interest or one of the legal heirs. If your siblings or any other co-sharer is not agreeing for division of property, you can file a suit for partition before concerned court for dividing the property with metes and bounds and for separate possession of your legitimate share in the property.

Dr. J C Vashista (Expert) 23 October 2023
PoA stands cancelled after death of grantor (your father) accordingly any transaction made on the strength of such PoA is invalid and illegal.
Whether deceased has executed any will or left property intestate ?
If there is a will made by your father separate law shall apply, otherwise his LRs shall succeed his assets and liabilities.
It is better to show relevant records to a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding,

Laxmi Kant Joshi (Expert) 23 October 2023
The POA stands automatically cancelled after the death of your father , if your father died intestate then the property devolve in between you, your brother and your mother. You all three are legal heir of your father and get 1/3 share in his property .

P. Venu (Expert) 30 October 2023
Yes, the query has been repeated verbatim.

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