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Sekar (Self)     03 September 2014

Ancestral undivided property - poa cancellation

The family has undivided ancestral property. 

1997 - All male legal heirs (8 people) collectively gave a Power of Attorney to an Agent to sell the undivided ancestral properties under survey No.243, 365, 468. The legal heirs took some money from the Agent.

2001 - The Agent sold some of the lands of Survey no.243 to third party using the PoA

2002 - One of the 8 legal heirs passes away.

2007 - The Agent sells all lands of survey no.365 & 468 to third party using the POA originally given by the legal heirs in 1997.

2008 - The third party has sold the land to another party

 

Now the question is:

 

1) The PoA was signed only by the male legal heirs whereas there were female legal heirs of 6 people (who were married at that time) who did not sign the PoA? Can the female legal heirs now claim their shares? 

2) Whether the Agent can sell the lands in 2007 while one of the legal heirs who gave POA had died in 2002? Should the Agent have obtained the POA from the wife/son/daughter of the demised legal heir?

3) Can the son of the demised legal heir cancel the Sale deed executed by the Agent in 2007 and subsequent sale deed in 2008? 

 

Please advise, urgent. Thanks



Learning

 2 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2014

At the outset in absence of Consent from all legal heirs the said property cannot be sold. Thereafter all consents are necessary. Any one consent not given should be taken or others can only sell their undivided share and not others.

Suit can be filed against purchasers and agent by legal heirs whose consent have not been recieved and all can claim for damages and compensations.

Regards,

Adv.NIKHIL SETH

9867264707

Mumbai 

Sekar (Self)     04 September 2014

@Nikhil seth

Thanks for your comments.


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