Hello,
My mother had a lawful share in an ancestral property that was built by her grandfather. After the demise of her mother, my mother's brother decided to sell the ancestral property for want of funds. Since a WILL for division or assignment of property rights was not created, my mother's brother called my mother for signing and registering a power of attorney to give him rights to complete the documentation and execute sale agreements, etc. for the sale of the property. He verbally stated that 1/2 the sum received from the sales proceeds shall be given to her after the sale of the property.
After my mother signed the power of attorney and the same was registered (in U.P. - property is in UP), my mother's brother has gone ahead, completed all formalities and has pocketed all the money which is a substantial sum. He does not respond to my mother well and is showing no intent of giving her 1/2 share to her. She had sent letters to him requesting for a copy of the sale agreement and other relevant papers, but did not respond to any of them. She is somehow managed to travel to U.P. where the property was sold and managed to get all the documentation from the sub-registrar's office. She has now decided to file a legal suit against her brother to claim her right as per Hindu Act. However we are staying in Karnataka and her brother is staying in U.P. My mother is a senior citizen and may have challenges in traveling to U.P., discussing and co-ordinating with a lawyer, etc. Under such circumstances is it possible to file a legal case for claiming her right from Karnataka itself (rather than U.P. where the property existed) on medical grounds for such a case?
Would appreciate your help and feedback.
Thanks and Regards
