• Power of attorney for mother's property

My Grandfather and Grand Mother are both expired, There was a house on my GrandMother name My Grandfather had 8 children, 4 brothers and 4 sisters.My Grandmother had given Power of attorney of that house to MY Father and my Uncle (My Father's brother) in share of 50-50% only. 
AA. Now i want to know if other brother n sisters of my father can claim that property in court? 
BB. or if my Father's brother with 50 % share can sell that property without our knowledge
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
1) on your grand mother death  power of attorney ceases to be operative 

2) each legal heir would have 1/8th share in property 

3) in the event you or your uncle move court for sale of the house stay would be obtained by other legal heirs 
Ajay Sethi
Advocate, Mumbai
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In the first place a power of attorney agent will be able to do any act that has been specifically instructed to him/them to do by the principle.  Hence, the power agents cannot become the title owners of the property, therefore the other legal heirs of the deceased grandmother are also entitled to a legitimate share in the intestate property left behind by the grandmother along with your father and his other brother.
Secondly, the power of attorney deed will automatically be revoked upon the death of the principle hence it has no validity after the death of the principle therefore the agents cannot sell the property on behalf of their principles after the death of the principle on the basis of the said deed. 
In the above circumstance, the property will remain intestate and shall devolve equally among all the legal heirs of the deceased title holder.
T Kalaiselvan
Advocate, Vellore
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166 Consultations
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Thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
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1490 Consultations
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1. All the 8 children would get equal share in the property.
2. A transfer of property cannot take place through GPA.
3. If the property is not equally shared amongst the 8 children, then non-beneficiaries can claim the property through court proceedings.
4. Your uncle with 50% share, as per GPA, cannot sell the property without siblings' knowledge and he has to restrict himself to 1/8th share in the property.
Shashidhar S. Sastry
Advocate, Bangalore
1307 Answers
71 Consultations
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Hello,
1) Power of attorney is only an authorization given to look after the affairs of the property. If the POA is a registered one it can be used to transfer the property.

2) As your grandmother died without leaving a Will behind all her children have equal rights in the prop property.

3) The property needs to be divided into 8 equal parts among the siblings.

4) The uncle has no right to sell or alienate 50% of the property as POA has not vested any property right in him.
S J Mathew
Advocate, Mumbai
1987 Answers
80 Consultations
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Yes that is what is the position of law in your case.  The power of attorney automatically stands cancelled once the executor or the principal is died.
You have rightly understood, the property can be legally partitioned if agreed mutually by everyone or a  suit may be filed in the court seeking partition and separate possession. 
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
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1. What power was conferred on your father and uncle by the POA executed by your grandmother? Unless the POA has authorized sale they cannot sell the property. As a corollary thereto, the other siblings of your father are at liberty to claim their share by filing for partition.

2. If the sale has been authorized without assigning you any right your father can sell his share without your consent and knowledge.
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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1. If no deed has been executed and registered based on the said POA, then the POA is no more valid after the demise of your grandparents,

2. POA is not a Will. It is to do certain acts only,

3 All the legal heirs of your grand parents will now have equall share on the property of your grandparents, who died intestate.
Krishna Kishore Ganguly
Advocate, Kolkata
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292 Consultations
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1. Yes, you are right,


2. Since your grandparents have died intestate all their properties will be devided amongst their legal heirs equally now.
Krishna Kishore Ganguly
Advocate, Kolkata
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292 Consultations
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