Query
puneet
(Querist) 28 December 2012
This query is : Resolved
Dear Sir
My mother is a retired teacher living in east delhi with my father and brother (32yrs). My father and brother are earning but only my brother is doing all the expenses of house . My mother holds the power of attorney of tht house in her name as she had boght this with her own money after few years of marriage. its been around 30 yrs . my father who has been voilent and had stopped supporting us since many years. at present my mother and my brother wants to separate as they cannot bear his voilence anymore. my brother is unmarried and is willing to take resposibility of my mother but wants to separate from father. I want to kno in such scenario how shud they proceed so that they get there rightful share of this property. also me and my sister both are married . can we also claim a right on this property. though we can happily give our share to our mother and brother as as they hav always supported us financially and emotionally. also let me know how this issue can be resolved as quickly as possible as it cause a lot of emotional and physical drain. I wil b grateful for ur expert advice and also on help in getting the right person to attend our concern...kindest regds
Devajyoti Barman
(Expert) 28 December 2012
Since it is your mother's self earned property she has exclusive right to dispose it off in any manner she likes.
Since your mother is POA holder, the Power may gets extinguished if the Principal has dies in the meantime. Hence it would be better if she gets a deed executed in her name or at least sell the same and buy a new property in her name.
Any of her sons or daughters has no share in it nor her husband.
ajay sethi
(Expert) 28 December 2012
in whose name the property stands? you have stated it has been bought out of your mother savings and she is holding POA . if property is not standing in her name she should sell the property or get it transferred in her name .
Guest
(Expert) 28 December 2012
Along with the Power of Attorney, a will is also expected to be there in facour of some of the kin of your mother, as made by the Principal. If that is there, in whose favour the will is there?
Also, please state if the principal owner of the property, who made POA in the name of your mother, is still alive or has already died?
K.K.Ganguly
(Expert) 30 December 2012
1. Your query is not clear,
2. Once you said that your mother had bought the property with her own money,
3. If that is so, then why should she take a POA from someone else?
4. However, if the property is registered in the name of your mother, then no body can lay any claim on her said property during her lifetime & she can do whatever she legal wants to do with the said property.
