Sekar 11 February 2016

Right of heirs on property

Hello Experts

My grandmother purchased a land and constructed her house in 1971 by her self earnings.

My grandmother made a registered will in Dec-2013 making me as the sole sucessor/inheritor of all her property. In this will she clearly stated that her son(my uncle)+ his son, her daughter, her daughter in law(my third second uncle wife) and her kid do not have any rights to claim.

In year 2015 she made a registered power of attorney on my name. I then used the POA and registered the house in my mother's name by executing a registered sale deed (since gift deed cannot be executed by POA).

I got the mutations also done in municipality & electricity bill is also issued in my mother name now.

Now my query is can the children of my grandmother (my uncle+his son+my aunt etc) claim any right on the property ? If yes then on what basis?

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6 Replies

saravanan s (legal advisor) 11 February 2016

if your grandmother was alive at the time of executing the poa no rights can be claimed by others

Sekar 11 February 2016

My grandmother was alive at the time of execution. She died after one year of execution of POA.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 11 February 2016

The power of attorney document can be voided several ways. If the document has not been registered, it can be terminated by:

The principal’s death

Sekar 11 February 2016

The poa was well executed one year before her death. And all documents have been duly registered. My query is whether anyone else has any legal right to claim our property

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 February 2016

No . Since the will can come into effect only after her death , the same shall bear no impact on any transaction entered into prior to her death . If you had transferred the property to your mother prior to the death of the grandmother , then the same shall not be challenged in anyway legally .

karin blake 16 February 2016

However, aside from numbers, how else can you the prospective buyer set your offer apart from others? In the last decade, there has been a growing trend towards, ‘Dear Seller’ letters, as some real estate markets became heavily saturated with buyers. These letters are drafted by the prospective buyer and often outline their affection, affinity and desire to purchase the house being sold. As Bloomberg reported last year, these letters can be so effective that some real estate agents try to intercept them to keep the focus on price, Norma Walton.