• Relinquishing share of property and heirship laws

Dear Sir or Madame,

As a bit of background to my situation, my father passed away in India 5 years ago and did not leave a Will. A month after my father passed away, my only brother passed away, again leaving no Will. My brother was married and had two children who are citizens of India. My mother is still alive and is a citizen of India. I have five sisters, all non residents of India. I myself am a British citizen and reside in the UK.

As my father had a lot of property and land, we handed over the management of this with the instruction of sale of all assets to a trusted accountant and advisor. Given that we five sisters live abroad, the advisor suggested we give him power of attorney to make decisions on our behalf for our well being and in accordance with Indian law. He sent us many documents to sign which we signed and sent back (I can send copies of the power of attorney and various other documents if you like). It has now come to our attention that one of the documents we signed has the following wording:

"Now, I the undersigned, out of the abovementioned heirs and owners, hereby relinquish my share in the said property without consideration in favour of my relatives and co-shares in the said property 1) My mothers name, 2)My deceased brothers wife's name, 3) My deceased brothers 2 daughters names and I intend to get my name deleted from the property cards of the said properties and I will be responsible for any objection or dispute may be raised by my heirs or successors for my share in the said property.

My questions are: 

Can the above be withdrawn and overwritten as we signed documents sent to us by the advisor, however we were not told that we were effectively giving our share away?

Can the power of attorney be withdrawn?

The advisor has made decisions which do not necessarily have our best interests at heart, can we do anything about this? For example, My fathers house was in the name of my father only. Both my mother and deceased brothers wife live there. The advisor has now changed the title deeds of the house so that the house in 50% owned by my deceased brothers wife and 50% owned by my mother, with the full share going to my deceased brothers wife when my mother passes away. The advisor did not inform my mother or my sisters of this change before making it. We are not in agreement with this and would like to fight for our share of my deceased fathers properties. Please could you share avenues in which this could be done given the above circumstances. If you would like more information, them please do not hesitate to let me know.

Many thanks
Asked 1 year ago in Property Law from United Kingdom
Religion: Hindu
1) you have executed power of attorney in favour of your advisor 

2) in addition you have duly relinquished your interests in the property 

3) on basis of POA your attorney must have registered relinquishment deed and property has been transferred in your mother name and that of your sister in law 

4) you have to immediately revoke power of attorney given in favour of advisor so that any further harm cannot be done by the advisor 

5) the various documents signed by you have to be perused for further advise 

6) if you want to set aside transfer of property done in favour of your mother and sister in law you will have to move court to set aside transfer 
On account of misrepresentation 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Under the guise of POA this document was in pith and essence a relinquishment deed.  The signatory to the said deed has relinquished his/her share in favour of other co-owners. However, unless the widow and daughters of the deceased brother also signed the deed the deed does not take them within its sweep.

2. The POA cannot be revoked now. It was not a POA in the first place.

3. The only remedy available to the signatories to the relinquishment deed is to file a lawsuit in the court for the cancellation of the deed on the ground that it was executed by them through the practice of fraud. The battle will not be easy as the due diligence test will be stacked against them in the court. 

Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Can the above be withdrawn and overwritten as we signed documents sent to us by the advisor, however we were not told that we were effectively giving our share away?
The one  what you have reproduced is  nothing but consent for relinquishing the share by the person whosoever signed that.  A co-sharer is fully relinquishing his/her rights in the intestate properties by such an undertaking, so if this was not intended to be given, then this can be withdrawn immediately or the said deed can be immediately cancelled by tendering a notice to the holder of the deed in whose favor the said undertaking is given.  Moreover if it has not been a registered document, it do not hold legal value as well,but cancelling the said deed immediately is very important and imperative lest the shareholder stands to lose his property by this undertaking.


Can the power of attorney be withdrawn?
Yes, you can cancel the power of attorney anytime and it is not binding or an obligation that the suspicios POA deed should continue. 


he advisor has made decisions which do not necessarily have our best interests at heart, can we do anything about this? For example, My fathers house was in the name of my father only. Both my mother and deceased brothers wife live there. The advisor has now changed the title deeds of the house so that the house in 50% owned by my deceased brothers wife and 50% owned by my mother, with the full share going to my deceased brothers wife when my mother passes away. The advisor did not inform my mother or my sisters of this change before making it. We are not in agreement with this and would like to fight for our share of my deceased fathers properties. Please could you share avenues in which this could be done given the above circumstances. If you would like more information, them please do not hesitate to let me know.
First of all ascertain what more such debacles he has made.  May be this is in collusion with your sister in law ?, but if this division was not authorised in the GPA deed, you may protest it and ask him to cancel it by executing a cancellation deed if it had been already registered, if not registered then ask him to cancel he arrangement and also immediately cancel the POA deed given to him and appoint any other trustworthy and absolutely genuine person who may safeguard your properties in a proper way as well as safeguard your interests in it. 

For personal scrutiny of documents and opinions thereof you may personally consult a lawyer of your choice from this forum or elsewhere.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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1. You have given blank  permission to the CA for acting with your inherited properties as per his decision which he feels that is for your welfare by executing the said POA,

2. You have not kept any option for getting his decision vetted by you for whose welfare he has been authorised to act,

3. Withdraw the POA immediately by issuing him a letter and publishing the same in two Newspapers, one being in English and the other in Vernacular,

4. After that challenge before the Court the registration of the Title Deed through which the title of your father's house has been changed, on the ground that the said change has not been affected for the welfare of the executors of the POA which was the basic term for executing/issuing the POA.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Hi, release deed has to execute before the sub-registrar then only it is valid but in your case it is very difficult to give opinion based on your narrations it is better you have to approach local advocate and furnish the documents and get the opinion from him.

2. Secondly, you can withdraw the power of attorney, first you have to issue a legal notice and thereafter if the Power of attorney is registered one then you have to prepare the cancellation of Power of attorney before the Sub-Registrar.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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