Power of Attorney under duress
While my father was on his death bed, my brother got the power of attorney of one of my father's properties transfered in his name.
1. Is this transfer of the power of attorney valid?
2. If not, can a case be filed to prove that it was signed under duress?
3. What can be done to prevent my brother from selling off the property?
4. How can the other successors, including my mother (the wife) make any claims to the said property?
Asked in Property Law from Noida, Uttar Pradesh
1) on your father death power of attorney ceases
2) your brother cannot on basis of POA sell the property
3) if your father died intestate you have 1/3rd share in property
4) apply for letters of administration from district court in name of legal heirs of your father
5) if your brother is agreeable deed of family settlement can be entered into among the legal heirs for division of the properties
1. Any POA executed under duress is illegal.
2. You can challenge the POA which your father executed on the ground that it was made under duress practiced by your brother.
3. To restrain your brother from selling the property you should immediately seek a stay order from the court.
4. You and your mother can together challenge the POA made by your deceased father. If the court allows your claim both of you will as legal heirs get an equal share in the property,
The power of attorney will not confer title of the property to the power agent. Your brother is a power agent only and not the owner of the property. Matter of fact, the power of attorney deed stands revoked or cancelled upon the death of the Principal. If he sells the property based on this deed, it is invalid and illegal. You may file a partition suit seeking your share in the intestate property of your father.