FORUM
Uncle’s PoA not valid after his demise
Photo: K. Pichumani
Processing: There are issues surrounding a Power of Attorney.
My Uncle (mother’s younger brother) gave my mother a general power of attorney regarding a plot of land.
My uncle passed away and his wife and daughter live abroad. Is the power of attorney given by my uncle invalid after his death?
Our panellist, Mr. R.L.Narayanan replies: The power of attorney given by your uncle cannot be used after his death.
What happens if my uncle’s wife and daughter give a new power of attorney to my mother for the same plot of land as heir to my uncle’s property? Will my mother be able to sell the plot?
Mr. Narayanan replies: Your uncle’s wife and daughter can always give a new power of attorney to your mother for the same plot of land in the capacity of your uncle’s heirs.
In the absence of any other factor affecting their rights to deal with the property, this power of attorney may be sufficient to enable your mother to deal with and sell the property.
In the option given in (ii) whether a succession certificate or any other document is required to execute this new POA by the heirs of my uncle?
Mr. Narayanan replies: Whether you need to obtain order from Court in the nature of letters of administration or otherwise depends on the facts and circumstances of the case and the general market practice is to insist on the production of such orders is based on many factors like market value of the property, disputes relating to the property and other circumstances relating to the devolution of the property to the legal heirs.
Aagney Sail,
New Delhi
Transfer of property
My father in law wants to transfer his property to my husband and my brother-in-law.
He got that property from my grand father in law. Moreover my brother in law has already taken Rs. 60,000 and jewellery of my mother in law .
So he wants his property to be divided in three parts. My brother in law is not ready for it.
Can my brother-in-law challenge the decision of my father in law of dividing the property into three?
Is there any way to get Rs. 60,000 back from him? Is there any way to get our share in jewellery?
Can my father-in-law decide which portion he wants to give to my husband and which he needs to give to my brother-in-law? If any one of us take this case to court, is there any way to take stay order for that property(means no one can stay in that house or rent that)?
Sapna, khajuria
Mr. Narayanan replies: From the facts set out in your query, it would appear that on the face of it, your father-in- law can deal with the property himself.
If the property is given to your husband by proper documentation which meets with the legal requirements, then it may be valid.
The question of obtaining the refund of Rs. 60,000 is a matter which has to be decided by your father-in-law.
If your father-in-law or mother in law are able to prove that the jewellery was forcibly taken from them then this can be returned to them, but your husband may not have any share in the jewellery during the lifetime of the owner . Your father in law will be in a position to decide which portion of the property is to be given to which son. If the matter is taken to Court, it will be decided on the facts and circumstances and the merits relating to the matter.
I am not in a position to give any firm response on whether you can obtain any interim orders or otherwise.
Obtaining a patta
I own a 3 bedroom apartment in a building with a total of 16 flats (G + 3 floors), in Chennai. I have paid Property Tax, Water Tax and Electricity Charges ever since I occupied my flat over two and half decades back. I do not have either a copy of the patta or approved plan of the building.
The owners of other apartments in my building, also do not possess these two documents. I understand that only the builder usually has possession of these documents. The builder is no more and his company does not exist today. Are these two documents - Patta and Approved Plan - essential for the sale of my apartment?
2. If so, how do I obtain them?
R.Ramanathan
Mr. Narayanan replies: In the facts and circumstances of your case, Patta may not be an essential document. You should have at lease a copy of the Approved Plan to enable you to deal with the property. Copy of the same can be applied for and obtained from CMDA by furnishing necessary particulars in this regard.
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