• 50% share in property

Good evening sir, 
We have deceased father’s old chawl room which is now under re-development. After father’s death all documents I transferred on my name which contains ration card / electricity bill / gas connection. Last 5 years I relocated new city with my family and I handover this room to my younger brother for his usage. When redeveloped plan came to our chawl he signed all the papers on my behalf. Later my brother my brother took one power of attorney from me. But, latterly I found that i given whole rights of this house to my brother. When almost all chawl members given their consent for redevelopment proposal. After approval of builder proposal our chawl members signed respective agreements with builder and same register with registrar. For my house, builder prepared agreement with my brother name and he gave him 3 years full rent till redevelopment of our house. However, Now I required 50% share on this property. I visited managing committee of our society and they said you given all rights to your brother and accordingly builder prepared agreement on his name. Now we unable to rectify the records – so better you and your brother prepare one mutually understanding agreement. My brother said orally I will give you 50% share of this property – but I required something in writing. Kindly guide us what type of document I have to prepare.
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1) you made mistake in executing power of attorney in your brother favour . he has misused it and obtained right s for room on redevlopment

2)enter into written agreement with your brother that as and when flat is given on redevelopment you would have 50 per cent share in the room

3) please note that on redevlopment your brother cannot sell the room for period of 10 years

4) it is better you take 50 per cent of market value of room from your brother now rather than enter into agreement .

5) request brother to give the 3 years rent received from builder plus additional consideration

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

Once you have executed POA in favour of brother you have authorised him to act on your behalf

2) your approach to builder MHADA for inclusion of your name would not work

3)best option is to take 50 per cent of market price of room from your brother

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

The power of attorney deed do not confer title to the power agent.

The sale deed made in your brother's name, who is just a power of attorney holder is not legally valid, you may agitate this and even file suit against the builder for wrongly registering the property in favor of POA agent and not to the owner.

Dont agree for 50% share in it, you can fight for 100% of share in it.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

If it was just a power of attorney for the whole property and your brother was just a POA, then you can file a suit restraining him from acquiring the property on his name.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

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