• Government job on compassionate grounds and misuse of POA

I am a son and 2 sisters.My father was working as a lecturer in a government inter college in Varanasi (UP).He died at the age of 59 because of a road traffic accident.I was a final year BHMS (Homeopathy) student at that time. My mother got a government job as an assistant teacher in place of my died father on compassionate grounds in a college in Varanasi by applying before District Inspector of school Varanasi.My elder sister did an Inter cast love marriage and she and her husband were come very claose to my mother and started living with my mother and washing the brain of my mother against me. Me and my father's wish was to do a Post graduation in Homoeopathy (MD) after my graduation but my mother is not at all helping me in my study,nor allowing me to practice in Varanasi and forcefully evicted me and my wife from our house.Though with the NOC and consent of me,my mother has got job on compassionate grounds but she has not at all helping me and also taken POA which was registered and sold out all properties with the help of her brothers and son in law and even not given my share and also not allowing me and my wife to stay in that house which she has purchased after selling ancestral properties through POA.My question is do I have rights in my father family pension,funds and benefits and in my mother salary which she is getting but not giving or helping me.some lawyers suggested me to file a mandatory suit under section 39 of specific relief act 1963 to get mandatry suit in your mother's salary and pension.Some are suggesting to file a writ pettion before allahabad high court making Inspector of school,Distrate magistrate Varanasi as parties.Please suggest I am a 31 year old Homoeopathic gratuate try to persue my post graduation but mother is not helping me monteraly and one of Properity of my father she has sold out even cancellation of POA (Registered before sub registrar at 1.41 PM same day and she executed sale deed same day at 4.30 PM even I had Informed her about cancellation of POA but not written orally because she is my mother.Please suggest both the cases.
Asked 1 year ago in Family Law from Varanasi, Uttar Pradesh
Religion: Hindu
1. Well, since she has already got the job even if on the basis of NOC from you , no action can be done against her as afar as this job is concerned .
2. You Are silent as regards the ownership of the house. If your father was sole or co-owner of this house then you become its co-sharer and hence she can deprive you from getting your due share in it and hence to enforce your right in it you can file suit for partition and injunction.
3. Now, if the house stands in her sole name even before death of your father then you could do nothing as regards your right over this except to linger stay on it by force.
4. Try to win back the lover and affection of your mother. Mother is not so easy to mislead against her own son. there must be some issue which may be bothering her and hence try to address that issue.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you are 31 years old .you should study further with your own savings don't depend on your mother

2) one you have executed power of attorney in favour of your mother you have authorised her to act on your behalf 

3) you have no share in your mother salary . It is her income  

4) in respect of property standing in your father name  if mother has sold the properties you have 1/ 3rd share in sale proceeds similarly in respect of other assets of your deceased father you have share 

5) you can take legal proceedings to claim your share 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Yes, you have right in your father family pension, funds, gratuity and benefits since you are his legal heir. If she is not giving you anything then you may file for partition. You have equal share as like your mother and sister in the property of your father. if she has sold those property, claim your share. If the POA was cancelled, yet the sale deed was executed then this is a case of cheating and you can proceed by filing a complaint against your mother since knowing fully well she has sold the property on the basis of the POA.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Your mother had no right whatsoever to sell the properties owned by your deceased father or which were ancestral in nature. She also has no right to evict you from the properties owned by your father. Along with your mother and siblings you have an equal share in all the properties of your deceased father if he did not make a will. 

2. What you can immediately do is seek a stay order against your forcible eviction from and sale of the properties owned by your father. 

3. You can challenge the sale of the properties which have been sold by her. If the court sets aside the sale you will be able to claim your share therein. 

4. Your share in the pension, gratuity and savings of your deceased father is equal to the share of your mother and siblings. So you can file for partition to cull it out. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Ancestral property can't be sold out only by mother. mother has right to sell or alienate her share only. after death of you father property should have been divided among all the heirs. you have 1/4 share in that property. If any new property is acquired out of the sale amount of ancestral property then it is deemed to be ancestral property. so you have 1/4 share in new house. 
you should file suit under section 39 SRA declaratory suit for cancellation of sale through POA. This declaration suit will declare that POA executed is ultra vires.   
you should file suit under section 15 CPC for partition of property.
You may not be eligible to get benefit out of pension or gratuity. mother has sole right in it. any contract to give any amount from pension or gratuity, salary is void under section 6 of TP Act
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
1. Your mother has got her job on compassionate ground after the demise of your father,

2. She is getting her salary by putting her labour. You have no right on her salary and you can not force her to pay for your higher studies if  she does not want to,

3. Whose POA she is holding to seel of your father's property? If it is from your father then it has no effect now after the demise of your father,

4. If you have executed the POA, then you can not challenge his using the same to sell properties. You can withdraw it now,

5. You can not claim share on the widow pension she is getting  but can claimshare on other moveable properties like FD, PF etc.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. You have no right on her salary,

2. You have no right on her widow pension,

3. Do not waste your money to file cases cdemanding share of her salary oand/or pension.

4. You should cancel the POA in writing and send hgim the inormation of yue such canvellation of POA. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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