My Grandfather is alive and has two sons. He has one property in Delhi under his name where my father has a power of attorney at the same time when the property was purchase 28 years ago. My Grandfather also has got a will, wherein he had distributed this property among his sons in some percentage. My question is that does my father has got the full right to sell of this property entirely or only his portion.
Secondly, is my grandfathers will effective at present or not. In case of his death, if his will become effective will it supersede the power of attorney and the property will be distributed according to the will.
Asked in Property Law from Delhi, Delhi
Thanks for your prompt response.
We are not very sure if there is any other power of attorney in our uncle's name is made at the time of purchase of this property or on a subsequent date.In case it exists, does my father has right to still sell this property.
Asked 3 years ago
During the lifetime of your grandfather the Power of Attorney will remain effective. That means your father can dispose of the property on the strength of the power of attorney. However, your grandfather has the right to revoke the Power of Attorney.
On the other hand, after the death of your grandfather, the power of attorney will become redundant. And the Will will come into force. Then your father can only dispose of the portion which had been willed to him.
So the POA is the document which remains in force during the lifetime and Will is the document which comes into force after the death.
The authority of your father to sell it flows from the power of attorney. It has to be seen whether the power of attorney authorised him to sell the property. It also need to be ascertained as to whether the power of attorney is revocable or irrevocable. The clauses in the will which are at variance with those in the power of attorney will also need to be examined thread bare to determine whether the right to sell of your father extends to only his share or to the entire property in respect of which the power of attorney has been made. It will be prudent on your part to consult a lawyer personally and show him the will and the power of attorney in order to enable him to give you a clear picture.