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.
s.subramanian
(Expert) 18 September 2010
On the basis of the Power of Attorney no title can be passed.When the Principal dies,the power comes to an end and no more valid. If the deceased person's legal heirs claim,it will be a serious problem and you may face problems.
R.Ramachandran
(Expert) 18 September 2010
As rightly pointed out by Mr. Subramanian, the power of attorney given by your elder brother, who is no more, cannot be used for any purpose and much less for transferring/selling the property to any one.
Yes, definitely, the children of your elder brother would definitely make a claim for the property, in which case you will have no proper defence.
Surrender K Singal
(Expert) 19 September 2010
What was the basis of Courts' favouring one of the sons in the absence of A WILL
