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Author Topic: Query on Power of Attorney and legal heir claim  (Read 1379 times)

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Offline kartheka

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Query on Power of Attorney and legal heir claim
« on: July 31, 2014, 01:03:58 AM »
1) Is the irrevocable power of Attorney is valid after the death of the principal person.

2) Mr. A has given irrevocable Power of attorney along with his family members (1 brother, 3 sons, 3 grand sons & 4 brother's sons) to Mr. B in the year 1982 for selling his vacant land of 7 acre. 

3) Mr. C has purchased 1 plot (1 ground) from Mr. B in 1998 (through 40 month monthly EMI), and got patta in 2004 on his name for the same. Mr. C is paying the Property tax, water tax, house tax, etc for past 17 years.

4) Now all of a sudden Mr. X claims himself to be the grandson (who has born after 1985) of Mr. A and says that Mr. A has passed away in 1989 so the sale deed of the land purchase is invalid and threatening Mr. A that he should pay him 50% of current land value or hand over the land to him if he pays 50% of the land value, otherwise he will get stay from the court.

5) When Mr. C claimed that he has patta on his name for the land and also the POA given by his grandfather is irrevocable so he cant claim the sale deed is invalid, Mr. X all of sudden says that he the legal heir of his father and he has all the right to claim his grandfather property which is sold without his knowledge.

Kindly advice me proper way to handle this issue. Also confirm whether the POA is valid after the death of the principal and under which clause a grandson can claim his right on the sold out property of his grandmother.

I will be grateful for you valuable and timely help on this regards. Thanks in advance

Regards
 
Kartheka R

Offline advsarmaroy

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Re: Query on Power of Attorney and legal heir claim
« Reply #1 on: August 03, 2014, 07:22:50 PM »
As of now someone born after the death of the person making the POA should have no legal right.

let him contest the matter in court in all probability nothing will come of it.
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline rakesh kumar

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Re: Query on Power of Attorney and legal heir claim
« Reply #2 on: August 17, 2014, 02:25:53 AM »
respected sir /  madam
        i m rakesh kumar from poanta sahib himachal  pradesh. we are from uttakhand. sir my father lt. sh. shyam singhhad purcased a 1/2 bigha land through proper channel.  after permission the land had registered in my fathers name.  sir one day court summon has come . in court my father comes to know that the land we purchased is disputed.  now my father is no more. what can i do . im in police deparment and posting so far from my home. please sir help me   to overcome from the said dispute.  thanks.

 

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