which document have more powers regarding partition of father property.

Querist : Anonymous (Querist) 16 July 2011 This query is : Resolved
Will made by father himself.
Power of attorny made by father.
which document possesses more legellity
in eyes of law.
In My Case, My Father is alive and had made will of property.
he made in will, property on my name .
and made power of attorney on my brothers
name.
Now, does my brother can sell any property without consent to me which was on my name in will and they have power of attorney ?

Can i sue them . Suppose if i sue then who
will win the case in court of law?

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Guest (Expert) 16 July 2011
will operate only if the testator dies. till his death the testator can execute any number of deeds. the power of attorney will operate only if the executor/owner is alive. So you cannot sue your brothers. you have no right at present.

prabhakar singh (Expert) 16 July 2011
Can i sue them ????????????????
NO,YOU CAN NOT SUE EITHER YOUR FATHER OR YOUR BROTHER,BUT YOUR FATHER CAN REVOKE THE POWER OF ATTORNEY AND CAN ALSO CANCEL THE WILL AS WELL. TAKE HIM IN YOUR CONFIDENCE AND PERSUADE HIM TO REVOKE POWER OF ATTORNEY OR OTHERWISE IF IT IS WITH POWER TO SELL,YOUR BROTHER CAN SALE.

IF YOU sue then THEN ONLY HE WILL WIN IN PRESENT FACTS OF CASE STATED.

Advocate Bhartesh goyal (Expert) 17 July 2011
On the basis of your father's will you can not sue your brother when your father is alive.Will comes in effect after the death of testator so quit the idea to sue your brother.

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