The Indian heirs of an Indian person deceased in Belgium, claim a compensation from the Belgian heirs of the person responsible to his death (it was accepted by the court that due to lack at the electricity in the house there was a fire which was the cause for the death). The Belgian court grants a compensation to the Indian heirs, but the Belgian heirs are preparing an appeal against this decision. In the meanwhile the Belgian lawyer of the Indian heirs seizes the appartment of the Belgian heirs to get payment of the compensation. The Belgian lawyer of the Indian heirs claiming the compensation says he does not have any direct instruction/contact with the Indian heirs and that he acts on instruction of an Indian lawyer. The first question is: Does this Indian lawyer needs a power of attorney from the Indian heirs stating he can act on behalf of them and he can give further instructions to a Belgian lawyer? There were originally 4 Indian heirs claiming the compensation. Father, mother, spouse and child of the person deceased. The father and the mother have in the meanwhile deceased. The spouse and the child are continuing the procedure. They are acting also on behalf of the deceised heirs. Don't they have to prove they have accepted the heritage of the deceased before to be able to claim further the compensation?
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Indian lawyer needs POA from legal heirs to act on their behalf and to give instructions to Belgian lawyer
2) whether father , mother left any will
3) if so legal heirs have to apply for probate of will
4) if they died intestate legal heirs have to apply for and obtain letters of administration from district court
5) in alternative obtain legal heir certificate from district court
Yes, the Indian lawyer does need a power of attorney from the Indian heirs stating he can act on behalf of them and he can give further instructions to a Belgian lawyer. This is because the Indian lawyer is not the legal representative of the Indian heirs, and thus needs to be authorized to act on their behalf. Furthermore, the Indian lawyer should also provide evidence that he is legally authorized to act on behalf of the Indian heirs, such as a copy of the power of attorney.
In regards to the deceased heirs, the surviving heirs must prove that they have accepted the heritage of the deceased before they can claim the compensation. This is because under Belgian law, the surviving heirs must demonstrate that they have inherited the rights of the deceased before they can claim the compensation. This can be done by providing evidence such as a will, or other documentation that proves that the surviving heirs have accepted the heritage of the deceased.
What is your question exactly?
Hello,
Indian lawyer cannot appoint a lawyer at Belgium on his own.
he is a lawyer to you hence he can confine only to those matters that he is directly engaged for the legal issues.
If he has to appoint a lawyer at Belgium, he has to do so only upon being authorised by his client.
The authorisation can be in the form of a power of attorney deed too.
The deceased heirs of the deceased person, if left any Will bequeathing their assets including the one expected out of this compensation from Belgium, the beneficiaries of the Will can claim their share of compensation or the legal heirs of the deceased heirs are entitled to their share out of the money to be received.
Yes indeed they need to prove
A delegatee cannot further delegate his power unless the parent law permits it to do so. To operate on behalf of the Indian heirs and formally instruct the Belgian attorney, the Indian lawyer will need an authority through an authorization letter from heirs. This only for instruction . He could not delegate the power of legal heirs through him. Surviving heirs act them as a party in the proceedings with the legal help of Indian lawyer .
Belgian law applies the principle of a reserved portion, under which it is compulsory for a minimum share of the estate (a reserved portion) to go to the surviving spouse, children or father and mother of the deceased, as the case may be.
If the Belgian heirs file appeal the contest through previous counsel for that purpose send a notorised letter to him by the help of Indian lawyer
There is no need for any PoA. A vakalatnama duly signed by all the legal heirs of the deceased in favour of the Indian lawyer will serve the purpose. If the deceased was a Hindu, his wife and children, along with his mother automatically succeed to his estate by the relevant provisions of the Hindu Succession Act, as Class-I heirs. The deceased's father is excluded, he being a Class-II heir. As the mother also has passed away, her share shall devolve only on her legal heirs by operation of law.
1. If the Vakalatnama executed by the Indian legal heirs of the deceased person has empowered to engage lawyer in Belgium, then it can be done.
2. The legal heir certificate of the deceased legal heirs of the person died in Belgium will legally empower the living legal heirs of the person died in Belgium to claim the share of the deceased Indian legal heirs.
Regarding the first question, if the Indian lawyer is acting on behalf of the Indian heirs, it is advisable that he has a power of attorney from them stating that he can act on their behalf and give further instructions to a Belgian lawyer. This will ensure that the Indian lawyer has the necessary authority to act on behalf of the Indian heirs and give instructions to the Belgian lawyer.
Regarding the second question, the heirs of the deceased person may be required to prove that they have accepted the inheritance of the deceased before they can continue with the procedure to claim the compensation. Inheritance laws and procedures may differ between India and Belgium, so it is advisable to consult with a lawyer who is familiar with the inheritance laws and procedures of both countries to determine the specific requirements and procedures that need to be followed in this case.
