Power of attorney after death of principal


 

Dear Sir,

in July 2004 My Mother Executed a Registered general Power of Attorney for 11 acre land at Narsinghpur district in favor of my elder brother but after one month she revoked and cancelled that power of attorney with Registrar office.

 

My mother died on year 2007 & after death of mother my elder brother execute a sale deed in his own name with help of power of attorney in year 2008 & transfer that land on his own name with help of sale deed . The entire thing he made without my knowledge.

 

My mother also execute a register will in 2005 with clause that Land should be distribute equal between me and my elder brother but with fraud ment act my brother transfer whole property in his own name with help of  Power of attorney which was revoked and cancelled .I also read in internet that value of power of attorney is zero after death of principal .Kindly guide me:

 

1. Where should I file my complaint regarding cancelling of Registry he made in his own name with help of Power of Attorney.

 

2. What is procedure to challenge registry which he executed in his own name 

 

2. What procedure should I adopt to transfer this land in my name with help of my mothers will.

 

Thanking You

 

 
Reply   
 
Advocate

Dear Pankaj,

you must  take the following steps immediately.

1.file a civil suit for setting aside the illegal transfer made by your brother.

2. Since you have registered will, it automatically comes into force the moment your mother passed away.since your brother will not be ready to co-operate, you will have to go to court to enforce your legal right over the said property.

 
Reply   
 


Advocate, Chennai

You may give a written Complaint to the concerned Registrar's office u/s.82 of the Registration Act and the Registrar will make suitable enquiry and take legal action to nullify the document u/s.49 and may also launch criminal prosecution against your brother u/s.83 of the Act. You may take steps to implement your mother's Will immediately.

 
Reply   
 
Advocate, Chennai

You may give a written Complaint to the concerned Registrar's office u/s.82 of the Registration Act and the Registrar will make suitable enquiry and take legal action to nullify the document u/s.49 and may also launch criminal prosecution against your brother u/s.83 of the Act. You may take steps to implement your mother's Will immediately.


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Jadhav & Associates

If your mother has passed away in 2007 and if your brother has executed a sale deed in 2008 i.e. after her death, it is a criminal offence to knowingly use a PoA which is issued by a person who is no more.

Please appoint a suitable advocate to carry out the required procedure. He may also advise you to write to the Registrar about the misues of the PoA and request him for revocation of the registraion of the sale deed.

 

S Jadhav


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