Power of attorney
Kalyani
(Querist) 29 April 2021
This query is : Resolved
1)My mother has some agricultural land which her nephew has been looking after it for a very long time. Now having checked land records on line I realize that one of the section of the land which was 1.12 acres according to the original documents has now reduced to 0.25 acres. My cousin who is looking after the land and has been enjoying the land has stopped all communications with me since I have queried how the land has disappeared. I have requested one of the local lawyer to investigate . I have sent him copies of the documents. Now the local lawyer has also stopped communicating. I am unable to go because I am the only daughter and main carer for my elderly disabled mother ( 91 years old)
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2)My mother has a house which the care taker is looking after. Now he has moved his children and wife in to the house. It has been six years since the house has been left in the hands of the care taker. I really need to dispose otherwise I will loose the properties. My father has passed away .
I have no POA registered in India. My mother has made a WILL registered in India . All her properties will be passed to me upon her death.
The Will only come in to action after her death. I understand that I need to take a court order to act on my behalf. Do I apply for a court order in INDIA or do I apply for court order in UK.. I have a registered POA in UK to look after her assets in UK . Unfortunately the POA is not valid in India.
I will be grateful for any advise.
Pradipta Nath
(Expert) 30 April 2021
Please seek a paid up conference with an Advocate.
Dr J C Vashista
(Expert) 01 May 2021
It would be better to consult and engage a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding
Hemant Agarwal
(Expert) 02 May 2021
AGREE with views of above Experts.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
T. Kalaiselvan, Advocate
(Expert) 04 May 2021
You cannot act on behalf of your mother without an authorisation from her authorising you to do such acts including taking legal action for retrieving her properties being enjoyed by others without any authority.
You may get a fresh power of attorney deed executed by your mother in favor of any other close relative in India and follow up the matter through the said reliable power agent as per the procedures of law.
You can discuss with a lawyer in India where the property situates and initiate steps as suggested.
