• General Power of Attorney

we are having a home in new delhi. The house is in the name of my grandmother who has expired 8 years back . According to her will , the ground floor belongs to my father , first floor to my uncle ( who has also expired) and chaat to my Bua .

we have put a request for registration of will and the will was being challenged in the court and the case is going on from past 6 years by my aunt as she want more than 1/3rd share in the house. 

My Dad is having the general power of attorney for the ground floor by my grandmother from which he use to claim HRA ( now he is retired) .  

My question is can my father now able to sell his share ( ground floor ) when the case is still going on and can we construct our share without any hurdle and can we rent this portion with this general power of attorney  ?

Kindly advice. 
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
Since the will is challenged by one of them any transfers made during the pendency of the suit is subject to final order passed in the suit. As such it is advisable to not alienate the property  during the pendency of the  suit. Further in your case since there were only three children to your grand mother and there is a will in force them each are entitled to the share fixed under the will.  If your uncle is deceased without leaving any heirs then his share is again to be divided amongst you. The power of attorney that stands in the name of your father is infructuous as the person executed is dead. 
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Hi,
!. Your dad cannot use the Power of attorney as his mother, your grand mother who have executed has passed away. The Power of attorney is valid till the death of the executor/grand mother.is issued to use during the life time of the executor. 
2. her WILL is the document which legal heirs can rely or else a partition as per the genral provisions applicable under law of legal heirs right.
3. Your dad cannot use the Power of attorney as it is invalid  now, 
4. Since the WILL dispute is in the court till you get a probate order you r father cannot build, sell, or alienate the ground floor which is his share as per WILL
5. Your dad has to wait till the probate order from the court.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, general power of attorney is not  valid as power of attorney dies along with that person so you can not sell or rent the portion using  general power of attorney.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) general power of attorney ceases on your grand mother demise 

2) your father as on date is not the owner of ground floor of the house 

3) your father  cannot carry on any construction without consent of other legal heirs 

4) further your father  cannot rent out ground floor premises without consent of other legal heirs 

5) wait for probate being granted for the will 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. After the demise of your grand mother, the said POA has no value,

2. In delhi, no probate is required to be taken for the Will,

3. Since there is no stay order restraining your father to deal with his willed property, he can sell his share,

4. However, if it is later on held that the ground floor is not willed in favour of your father, then the said sale will be cancelled by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The will cannot be registered if it has been challenged in the court. 

2. The first floor was given toy our father by your grand father through the will made by him. Now hat the will has been challenged your father should wait till the outcome of the case to sell the ground floor. 

3. If your father sells the ground floor before the decision of the case then it would open another round of litigation and may also expose your father to criminal charges.

4. The POA lies in a dormant state as the will made by your grand mother is under attack. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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