Legal heir vs poa
Querist :
Anonymous
(Querist) 24 August 2020
This query is : Resolved
My Grandfather is the Chief of our village, my father is the legal heir to my grandfather and I am to my father, but unfortunately my father died few years back. Now I become the legal heir of my Grandfather (as per our Kuki ustomer law in Manipur). After the death of my father, my Grandfather give POA to my uncle stating it is irrevocable one. Now my question is:
1. Can I challenge and override the POA?
2. How can I claim my rights, to be the Chief of our village?
Isaac Gabriel
(Expert) 24 August 2020
Tha legal heirship is the firts claimants and the POA cannot override. Yet, tha POA has to hand over it to the legal hairs.
Dr J C Vashista
(Expert) 25 August 2020
Succession is governed by personal laws professed by family.
Which personal laws (Hindu, Muslim or Christian) govern the Kuki's in Manipur ?
Shilesh Patel
(Expert) 25 August 2020
Yes, you can challenge POA as POA is a secondary person your prior person to the POA.
Rajendra K Goyal
(Expert) 25 August 2020
Heirship is governed as per Hindu, Muslim or Christian law. Which law applicable in your case.
Advice depend on local law and custom, please discuss with local lawyer.
POA can be challenged if it is against the applicable law.
K Rajasekharan
(Expert) 25 August 2020
The power of attorney executed by your grandfather became invalid on his death unless it involves some legally valid consideration between your grandfather and the POA holder.
The POA, even if it is an irrevocable one, is valid only till the death of the person who executed it. Subsequent use of it is illegal.
Therefore succession rules will prevail in your case.
P. Venu 
(Expert) 25 August 2020
The query, it appears, relates inheritance of chieftainship, not property. Whatever be the subject-matter, customary would prevail in dealing with a given situation.
What is the relevance of POA in the given situation?
niranjan
(Expert) 25 August 2020
As per custom if you are entitled to become chief of your village, and the office is heeditary, your grand father cannot give power and that too irrevocable which is illegal as chief ship of your village is not property of any body. like trusty cannot go beyond method of appointment as per condition and he has no right to delegate powers given to him so call meeting of gram sabha and get it decided.
Rajendra K Goyal
(Expert) 26 August 2020
customs prevails in absence of law / ruling.
P. Venu
(Expert) 26 August 2020
The following is a short account of the Kuki custom which I could access at http://kukiforum.com/2010/06/customary-laws-of-the-kukis-2/
"(c) Inheritance: The laws of inheritance of the Kukis from father to eldest son exclusively irrespective of the number of sons born to the family persists. To share, or otherwise, of his ancestral inheritance with his younger brothers is entirely left at the discretion of the eldest son. Even his father cannot stop inheritance of his eldest son over his property under normal circumstances.
In case a deceased man does not have male issue, the property cannot be inherited by daughter. It has to go necessarily to his male senior lineage closed to him by relationship. Herein, the contention of Crawford (C.G. Crawford, Hand Book of Kuki Custom, Reprint :1984; p. 1) may be mentioned in that if a Kuki has no male issue of his own, his property including his right to claim marriage price, dead-price (longman) etc. and his debts go to his eldest brother or his eldest brother’s son, if the eldest brother is dead or a failing brother, to the eldest of the nearest male line. A younger branch cannot do so until all the senior branches are extinct ‘ingam’ in Kuki male line (William Shaw : The Thadou Kukis,:1928; p. 67).
Some interesting but contradictory laws of inheritance also prevail; e.g. some of the old Kuki tribes such as Anal, Purum and Lamgang, divide the deceased father’s property into shares according to the number of sons. The youngest son inherits the ancestral house and supports the widow; thus it is akin to the Lushai custom (J. Shakespeare, The Lushai Kuki Clans, Part.II :1912, p. 154)."
It appears that the author's community following the custom as stated in the first and the exceptions or contradictions as stated in concluding does not appear to have been adopted by his community. As such, consequent to the demise of his father, it is is uncle who will inherit the chieftainship, not the author.
The POA, as mentioned, is a misfit into the scheme. The author has not bothered to clarify this aspect; may be it is a misconception.
Dr J C Vashista
(Expert) 26 August 2020
The author should reconcile legal proposition with his facts as advised by expert Mr. P Venu, an appreciating advise.
Querist :
Anonymous
(Querist) 26 August 2020
Thanks everyone for the advice. @Isaac Gabriel @JC Vashista sir it is Christian law of succession. @ P Venu sir POA state that the agent will act as Chairman/chief of the village, will execute documents and represent the principal in all matter relating to village administration except chiefship and ownership of village land. Succession by youngest son is practice among Lushai and Hmar of kuki tribe "http://e-pao.net/epPageSelector.asp?src=Ethnic_Races_Manipur&ch=manipur". But in our custom it is the eldest son.
Querist :
Anonymous
(Querist) 26 August 2020
My problem is that, we are not in good term with my grandfather who is 92 years old, and as per our custom I am his legal heir to inherit the chiefship, so to avoid that he has given POA to mu uncle, who is his second son. Now my query is that can I declear chiefship at the court of law as my grandfather is incapable due to old age? If I declear chiefship can my grand father object to that? What will be my course of action to claim the chiefship?
Rajendra K Goyal
(Expert) 27 August 2020
What is the language of the POA?
If you are of the opinion that your uncle may get the village chief position, against the applicable custom, take a stay from court.
P. Venu
(Expert) 27 August 2020
As I could understand, your grandfather still continues to be the village chief; it is only that has entrusted the functions to your uncle through PoA. The arrangement can continue only during his lifetime. To my knowledge the position is more or less ceremonial and it cannot be said that the arrangement is injudicious. Thereafter, because of the demise o in accordance with f your father, it is the uncle who would the inherit or succeed the chieftainship as the eldest surviving son in accordance of the system of the community that the younger branch cannot inherit unless the senior branches are extinct.
Of course, the custom among various communities are not uniform; there are variations and contradictions. You have a chance to inherit only if clear and established custom prevalent in your community mandate the eldest grandson to inherit the grandfather in the eventuality of the eldest son predeceasing the latter.
