My father passed away in 2012. The house is jointly (equally) owned by my mother and my father.
When we visited HUDA to get his share of property converted to my mother's name, they told us that there is a Will attached.
My father named his share of the property to a random person. However, on further probe, we found that the power of attorney attached with the Will is fake as it was renewed with his signature after my father's death.
I want to know what legal options do I have to solve this mess and how much time do I expect to spend in solving this.
Asked in Property Law from Faridabad, Haryana
1) file police complaint of cheating , forgery against person who has forged your father will
2) since your father died intestate obtain letters of administration from court in name of the legal heirs
3) you can also file suit against HUDA to direct them to transfer property in your name and that of your mother . in said suit mention that person has forged your father will and that you have already filed police complaint against said person
4) suit may take some years to be disposed of
I have a follow up question.
In case there is only a GPA and not a Will, what are my options? Since my father expired many years ago, doesn't this GPA become invalid?
I have a brother who doesn't stay with us for over 10 years now. All efforts to track him have so far been futile. How to go about with the property name transfer in this respect?
Asked 5 months ago
1) on father demise power of attorney ceases unless i t is coupled with consideration
2) as far as brother is concerned engage detective agency to trace his whereabouts
Legally it is advisable to go ahead to transfer the property through a registered partition deed forgoing brother's share if he has no wife and children.This can be done if your brother has not been heard for 7 years or u don't have his weareabout for 7years.
Take step to issue a public Notice calling for claims from brother,his agents and legal heirs if any.
For the same you can aproch the court with a partition suit too,t he court fee and legal fee is involved for this .
A will cannot be made with pOA, your dad's Will had been forged and the POA become invalid at the time of the death of the principal
If I work with the premise that the Will is legal. Then what are my options now? I am 30-years old now. My father left us when I was 6, in 1992.
In 2011 he died. And this is when we went to local body to get his half of the property transferred to my mother's name.
This is when we were told that there is Will and a GPA. The Will was made in 2007. He has named his 50% share of the house to someone else. The person is not related to any of us in anyway. The affidavit says he stayed in their house and they took care of him financially and physically when he was sick and that is why he is giving his share of property to them and not to his legal heirs.
But the fact is that he never tried to contact us or take charge of his duties as a father.
My mother, a house wife of 14 years, had to study and work to feed us when he left us in 1992.
In 2009-10 (approx), we found him in a very bad condition and put him in an old-age home in Delhi. He breathed his last there in 2011.
This claim on property in deeply distressing and I would sincerely hope to get some legal help in resolving this.
Asked 5 months ago
1) your father is free to bequeath his property to whom soever he pleases
2) if the person has taken care of your father when he was ill then father could have bequeathed property to said person
3) check whether there are any suspicious circumstances surrounding thee will
4) whether will is attested by 2 witnesses?
5) whether said witnesses are alive?"
6) whether in will details are mentioned of your mother you and your siblings .