Dispute regarding the ownership of the property.
Goutam
(Querist) 18 September 2010
This query is : Resolved
My grievance
1.A dispute was occurred between me and my brother regarding that property which was left by our deceased(died) father.My father was not made any will for his entire property. My elder brother file a suit against me for the eviction of the said property and for the whole possession of the said property. His main purpose for filling a suit to recover or possess the whole property of the deceased.
2. In the district court the decision was given in the favour of my elder brother.
3. Then at that time i had filed an appeal against that order.
4. At last when i was also defeated in the S.C a compromise had been done between me and my elder brother. According to which he was ready to give me a very small part of that property
5. Due to some circumstances and disputes between the Govt. the registry process or(registration of sale deed)of the district(in which my property is also included) was prohibited or closed by the govt.
6.So my elder brother executed a power of the attorney for that property in favour of me. In which it is specially mentioned that the person in favour of which the power of attorney has been executed (He can sell that property or register that property in favour of his name).
7.During the lifetime of my elder brother i have been made an agreement to sell that property in favour of my son.
8. After making the agreement to sell of that particular property my elder brother has been dead.
9. According to law there is no value of that power of attorney which is executed by the deceased elder brother.
10. ( I have made an agreement to sell the property because the registry process is closed by the govt. till now for that area.)
Plz tell:-
1. An agreement to sell that property in favour of my son executed by me is legally valid or not.
2.Whether i can continue that agreement to sell the property after the expiry of its period, if registration process will be closed. Or the real maker of the power of attorney has dead.
4.After the opening of the registration process by the Govt. or court:-
(i) I am legally able to sale that property in favour of my son.
(ii) Will my son become the real owner of the said disputed property.
5.Whether any child of the deceased elder brother can claim for the above stated disputed property.
Devajyoti Barman
(Expert) 25 October 2010
The agreement is still valid but it can only be completed by the legal heirs of the principal. After the death of the Principal the attorney has got no right.
