Sheetal Sood 29 April 2020

Is legal heir certificate connected to poa digitally

Hi , Greetings! My question to you is as follows: My father passed away 5 years back. There was no Will made by him on my mother's name. So, we had to apply for Legal Hier certificate in which names of all the family members (mother, daughter, 2 sons) has come instead of just on my mother's name. Now, me n my elder brother lives in Bangalore after marriage and the younger one lives in Delhi (near to our property in Palampur, H.P.). So after 2 years of my fathers demise we gave a POA to our younger brother as he could easily go to n from to Palampur n see for the sale or any related thing to property. But sadly his wife doesn't hold a morally good character and always busy fighting with my mother or me n her husband as well. So I just wanted to know whether this POA can be cancelled or if that POA gets misplaced is it anyway connected to legal heir certificate. Please suggest what can be done in this case. We all want our property to be on our mother's name so that she can distribute in her own way n want. How can this be done ? Waiting for your response Thanks

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4 Replies

R.Ranganathan (Advocate) 29 April 2020

You have not stated about your brother to whom you have given POA. If he is willing to do the things as per POA, then no need to cancel POA.

SHIRISH PAWAR, 7738990900 (Advocate) 29 April 2020

Deae querist,

Appoint local advocate in HP to effect transfer in mother's name. So that it will be done smoothly.

Regards,

Sheetal Sood 29 April 2020

Already mentioned POA given to younger brother. We want to cancel POA. What can b done.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 29 April 2020

You can revoke that Power of Attorney.If the POA was given to your younger brother in registered manner,then such revocation pf POA is required to be done from the same registry office.You,your mother and your elder brother can execute such Deed of revocation of POA without having any participation of your younger brother,however,immediately upon execution of that Revocation of POA,three of you through a Notice along with the copy of that Deed of Revocation of POA,have to notify your younger brother that he is no longer the constituted Attorney of yours and as such your younger brother is precluded to perform anything on three of yours' behalves in respect of your family property.