Clarification about power of attorney and will
GAAYATHRE
(Querist) 11 June 2013
This query is : Resolved
Hello Sir,
I am Gaayathre from chennai and i am asking this question for my mother.
My Grandfather has 3 daughters and 1 son in which my Mother is the Eldest. My Grandfather has Abandoned his family after the birth of his last child. Years later after the Death of my Grandmother, my Grandfather filed a case against his 3 daughters. He asked for his share of the property from his Wife's (my Grandmother's) ancestral property. My grandmother died in 1993. We are Hindu family.
As my grandfather was bit aged and couldn't attend the court proceedings. So he gave "the Power of Attorney to contest the case" to his Son (My Maternal Uncle).
Now 2 years back my Grandfather died and my Maternal Uncle didn't inform us about his father's death. So none of us could attend the ceremony.
3 months after the grandfather's death, my Uncles claims that my Grandfather has written a "WILL" which states that, my Maternal Uncle can continue to contest the case on my Grandfather's Behalf.
If the case is won by my Uncle, then he can take my grandfather's 1/5 share of the property (which my grandfather is entitled to have from) my Grandmother's property.
1) Now my question is that, is the "Power of Attorney" still valid after the death of my Grandfather?
2) Can my Grandfather mention or give rights to His Son to contest the case after his death and mention it in the WILL written by him.
3) Is there a way by which we can close that Case (as my Grandfather is dead) ? And thereby refuse my Grandfather's 1/5 share in his Wife's property to my Uncle?
Pls kindly clarify my doubts as none of the lawyers are giving a clear vision in this. We are very confused and worried. I greatly appreciate all your efforts and the time taken to answer my questions. So thanks in advance. Can you pls answer me to my personal id @ rgaayathre@gmail.com.
With Regards,
Gaayathre.
Rajendra K Goyal
(Expert) 11 June 2013
Following is my view subject to disclaimer clause in my profile:
1) Now my question is that, is the "Power of Attorney" still valid after the death of my Grandfather?
- Power of attorney is not valid after the death of principle (subject to certain conditions one example is full value received and irrevocable form GPA).
2) Can my Grandfather mention or give rights to His Son to contest the case after his death and mention it in the WILL written by him.
- In my view ,yes, he can. Will has to be probated.
3) Is there a way by which we can close that Case (as my Grandfather is dead) ? And thereby refuse my Grandfather's 1/5 share in his Wife's property to my Uncle?
_ As a legal heir of your Grand father your uncle can contest with the permission of the court. In case your Grandfather gets 1/5 th share in the disputed property, your uncle is entitled with equal share (of 1/5 portion) among legal heirs of your Grand Father.
Raj Kumar Makkad
(Expert) 12 June 2013
1. No.
2. No. will cannot change the law of land. Your mother and her sisters have also got legal right to become parties to that suit and they are not bound by the dictate of the will, even if the will is true and is proved.
3 Your mother and her sisters should file an application under Order 1 Rule 10 read with section 151 of CPC in the ongoing suit and should become parties thereto and further course of action should be decided thereafter.
Welcome for your appreciation.
GAAYATHRE
(Querist) 12 June 2013
Hello Sir,
Thanks a lot to all the Experts who had given their valuable time in resolving my doubts. Thank you so much. My mother and her 2 sisters are very much happy and thankful.
The land is worth 2 crores and so far no one was giving a clear view in this. You people have saved us thank you so much. Special thanks to Mr.RajKumar sir who has the Law under which we can claim our rights. I really appreciate your valuable time and efforts.
With regards,
gaayathre.
A. A. JOSE
(Expert) 12 June 2013
As usual Mr.Raj Kumar Makkad has given exhaustive guidance and I fully endorse his view with a slight addition that your Mother and her sisters may also challenge the Will in question.
Best wishes.
GAAYATHRE
(Querist) 12 June 2013
Hi sir,
Thank you for your opinion about the will Mr.A.A.Jose. Your right that my mother can challenge the will. We have filed a case regarding that as my grandfather was totally bedridden and not in proper mental state to write a WILL.
So my Maternal Uncle must have got the WILL in a fraudulent way. The people who have witnessed the WILL are unknow people to both my grandfather and to my mother. They are some distant relative of my Uncle's wife. So the witness are no way connected our family nor do they know anything about our family.
Can you pls give me or suggest me some points in general by which we can easily prove the WILL to be Fraud. How do i check if the WILL is probated by my Uncle? Any little suggestion can be very useful to us. Thank you so much for your valuable time Mr.Jose.
with Regards,
gaayathre.
