• Yes, a new POA is needed (your father’s old POA ended with his death).
• Yes, the commission petition and tribunal petition remain valid, but heirs must be substituted.
• The flat in Kottayam can be sold by wife + heirs; OCI holder child can inherit and sell, but may need RBI compliance for remittance.
• Separate POAs are advisable for each heir not physically present in India.

On your father demise POA executed by father ceases 

2) inform court of your father demise and that legal heirs are your  mother you and your siblings 

3) it can continue as your mother is senior citizen 

4) obtain legal heir certificate fir mutation of flat in name of legal heirs in Kottayam .enclose father death certificate 

5) approach society to transfer flat 

You can probate your dads will and sane will be valid document. You can decide the ownership as per dads will

1. Pending Case (Mavelikara property)

• Since your father has passed, his legal heirs (wife + children) automatically step in as parties. File an impleadment / substitution application under Order 22 CPC to substitute heirs in place of your father so the case continues without interruption.

• The POA given earlier ceases on your father’s death. A fresh POA must be executed by surviving heirs if your uncle is to continue representing you.

• The petitions already filed (injunction, tribunal expediting) remain valid, but you need to update the court about your father’s demise and substitute parties quickly.

2. Kottayam Flat

• On your father’s death, his share devolves on Class I heirs under Christian Succession Act: wife + children equally. Your mother retains her own share plus inheritance from your father.

• To sell or transfer:

  • All heirs must execute a release deed in favour of the child who will hold/sell, OR

  • All heirs jointly sign the sale deed.

• For the OCI child: they can hold property (except agricultural land/plantation/farm house). OCI status is fine for inheritance.

• A new POA can be given by all heirs (if abroad) to a trusted person in India to handle transfer/sale.

In the ongoing case your father was plaintiff but he had given a power of attorney deed to a third person to conduct the case on his behalf.

However upon your father's death, the power of attorney becomes infructuous.

In the given situation you and other legal heirs of your deceased father have to file a petition under order 22 rule 3 CPC, for the substitution of legal representatives of a deceased party (specifically, the plaintiff) in a suit to prevent abatement.

It requires an application to be filed within a specified time, usually 90 days from the date of death, to bring the legal heirs on record. Failure to file this application within the stipulated period results in the suit abating, meaning it cannot continue. 

The existing petitions that were filed before your father's death,  will continue  to be tried as per law. 

 No doubt the senior citizen plaintiff has died, but the case can continue in the same court.  

As far as the flat jointly owned by your parents, your father's share in the property shall devolve on all his legal heirs equally, your mother's share will remain with her besides she will be entitled for a share out of yor deceased father's share in the property.

Dear Client, 

Since your father has passed away, his legal heirs (your mother and children) now step into his place in the pending Mavelikara property case, so your lawyer must file a substitution/implead application under Order 22 CPC at the earliest to avoid dismissal; note that the POA your father gave earlier has lapsed, so if you want your uncle to continue representing, all surviving heirs need to execute a fresh POA in his favor, while the petitions already filed (injunction, tribunal expediting) remain valid but the court must be informed of your father’s death; as regards the Kottayam flat, your mother continues to hold her own share and also inherits equally with the children your father’s portion under the Indian Succession Act, and for transfer or sale either all heirs jointly execute the sale deed or others execute a release deed in favor of the child who will hold/sell (even if an OCI, since OCIs can inherit and own property in India except agricultural/plantation land); if the heirs are abroad, a new POA can be made in favor of a trusted relative in India to manage the sale smoothly.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

To continue and expedite the case regarding the coerced settlement deed of your parents' house and land in Mavilikera, and address the current issues, here is what you need to consider:

1. The existing proceedings initiated before your father’s passing remain valid and can continue as legal representatives or heirs in place of your father. The court and commission will recognize the change in parties due to your father’s demise, and you may be required to file a formal application or affidavit informing the court about the death and substituting the legal heirs as parties[legal general principle].

2. A new Power of Attorney (POA) may be advisable to clearly empower your uncle or any other trusted person to act on behalf of the legal heirs, including your mother and children. This ensures smooth representation and authority to file further applications, appeals, and take necessary actions in court and tribunal[legal practice].

3. The petition already filed with the commission and the tribunal court in Chengannur for expeditious hearing remain maintainable since the case concerns senior citizens and was filed prior to your father’s passing. You need to regularly follow up and may reinforce the urgency citing the senior citizen status, death of a key party, and ongoing unauthorized acts by the opposing party (cutting trees and selling property)[legal procedure].

4. Regarding the flat jointly owned by your father and mother in Kottayam:

   • Since the property is jointly owned, it can be transferred to one child holding OCI status through a legal succession process or gift deed, depending on the family’s settled arrangement.

   • Succession Certificate or probate of will is required to establish ownership rights post your father’s demise.

   • After getting the legal title transferred in the OCI child’s name, that child can sell the property subject to compliance with state laws and real estate rules.

   • The other heirs/wife may need to execute relevant no-objection certificates or relinquishment deeds if the property is transferred entirely to one heir.

   • A separate POA is advisable for transactions involving the flat to authorize any representative to coordinate sales or registrations[legal property practice].

Next steps:

• File formal notice of your father’s demise and substitution of legal heirs in all courts and tribunals.

• Obtain fresh POA from all legal heirs including your mother.

• Collect and prepare all documents: death certificate, will, family tree, Kottayam flat ownership proof, power of attorney, and proceedings so far.

• Instruct your advocate to actively seek interim injunctions/preventive orders to stop further damage to Mavilikera property (tree cutting/sale).

• Coordinate with your lawyer in Kerala for executing part of the succession, title transfer, and property management.

For personalized assistance with documentation, POA drafting, court filings, and strategic advice to expedite the dispute resolution, do contact us for legal service tailored to your case and jurisdiction.

1. On demise of principal/giver of authority, the POA becomes invalid. You need to file a fresh POA in Court.
2. File a POA with death certificate of father and proof showing you as his son.
3. File the POA with petition under Order XXII (3) of Civil Procedure Code, 1908 with prayer to bring you on record as legal representative of late father.
4. It seems no injunction is obtained in suit against opposite party. File a petition and obtain injunction stating cutting of trees with prayer not to transfer and change the nature of property.
5. If you have dad’s will bequeathing flat, you can seek mutation of house in your name without seeking probate as in Kerala no probate is required.
6. If no will is there, you can apply to municipal authority seeking mutation of proper with proof of death of father and proof of your relating with him.
7. If there are other legal heirs you need to seek their NOC.
8. A nominal fee is charged for mutation.
9. You need to seek mutation with indemnity bond clearing all property tax dues.
10. When all documents are properly filed mutation will be done in three months.
11. After that you can sell the property.