Rights of daughter
Querist :
Anonymous
(Querist) 22 May 2018
This query is : Resolved
Hello
This is regarding property rights of daughter,we reside in chennai and my mother died in 2003 and my father expired in 2016 Aug.before this death my younger brother got POA from him for housing improvement loan in
HDFC bank ,in June 2016,my father was mentally ill during the time he got his finger imprint to get powers,after two years ,he wants to take built house and old house in damaged condition in same plot ,he says in words that damaged house is for me and not ready to give in written and he is using POA to get more loans after death of my father,since property is in my fathers name.he claims to get more loan without my consent and i have got legal heir certificate .
Please help me i can stop him getting loan , and stop him making home improvement without my consent.
Kumar Doab
(Expert) 22 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor
(Expert) 23 May 2018
Please post your ID and not as AQ and you can get many replies.
R.Ramachandran
(Expert) 23 May 2018
With the death of your father, the alleged POA given by your father to your younger brother has lost its validity. If your brother is still making use of the POA (either with signature or thumb impression) is using it illegally.
In any case, that POA given by your father will not rob of your right as a legal heir to equal share in the property left behind by your father.
In order to protect your rights in the property, you have to take steps without wasting time.
Therefore, consult a local lawyer, discuss the matter and then take immediate steps to file a suit for partition. Then depending upon the reply filed by your brother in the case, take further steps.
Guest
(Expert) 23 May 2018
Property, damaged or in good condition, has to be divided equally among the eligible legal heirs. After the death of your father, neither the property can be claimed singly by your brother, nor he can legally use POA after the death of his father. Any bank, if recognizes that POA would be doing so by risking their own money.
Guest
(Expert) 23 May 2018
Property matters better to settle out of court or even in the court by way of compromising. First you should give notice to your brother. Apply in civil court for equal share in property.
P. Venu
(Expert) 23 May 2018
After the death of the parents, the property is jointly vested with the children. Any POA given by the father has been rendered invalid. Try to settle the property amicably. If not, you may file a suit for partition.
