Will and power of attorney
Sir, My mother passed away in 2009. The flat in which she lived is co-owned by her & her daughter in equal share. We are 4 siblings. Prior to her demise, she had made out a Will & given her share to one sister (not the one who is the co-owner) who lives abroad & this sister made a Power of Attorney document in my name, mentioning that I am legally allowed to handle all matters, financial & otherwise, regarding this property. Now the original Will & the Power of Attorney got destroyed in a fire but I have a copy of both. Is there any way to convert & give these copies original legal status? Or is there any other way to defend these papers in the court of law?
Asked in Property Law from Mumbai, Maharashtra
you have not mentioned whether will was registered or not . if registered you can obtain certified copy from registrar office . as fr as power of attorney is concerned you need to produce originals in court . ask your aunt to prepare fresh power of attorney in your favour .
Under Section 65(c) of the Evidence Act Act, 1872, when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in a reasonable time, secondary evidence may be given of the existence. Section 65(c) comes into play where the original has been destroyed or lost, and when the party has made diligent search for it and exhausted all the sources and means available for its production, secondary evidence is admissible