Jaya Pathak (Paralegal) 12 January 2015
The share in plot was sold in 1995 to a developer by X (father), Xs1 (1st son) & Xs2 (2nd son).
X signed as constitued attorney for Xs2 but there is neither a reference to Power of Attorney in the agreement nor POA is not attached with this agreement.
Wife of Xs2 wants to know how can she confirm if the POA was really there or not? Can she challenge this sale? She was married to Xs2 in 2000.
T. Kalaiselvan, Advocate (Advocate) 17 January 2015
The wife of x cannot claim a share in her husbands property during his life time and she can have a right to a share only if her husband died intestate. Please confirm that whether xs2 was a minor at the time of execution of sale agreement? Is the property ancestral in nature? You may furnish the details sought if you require further and proper opinion.
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