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Uttam Yadav   13 February 2021

About Land

Hi All,

I would like to know if there is a way to take the control over land by my mother. When my father was in service, he purchased a land on 3 son including me. My father never expected , both the son will harase him one day. Both the son never gave or brought peach in our family. While my father was alive, he thought of taking the control over the land and asked both the son to provide him a power of attorney. Myself and one of his son gave the power of attorney, another son didn't give. My father passed away. Its been 2 years, now both the son are looking for land. Since they stay separately and they never gave us peace and respect. I did everything for my mother and sister. wherein I paid for my sister marriage and looking after mother. Is there a way, where Mom can take the control over the land and give a lesson to the both sons. Kindly let me know so that we can take a action.

- Uttam


Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     13 February 2021

The land left by your deceased father has to be shared by his wife and children in equal shares as the presumption is that he died intestate.  You and your mother can only demand shares if someone enjoying the property exclusively for their benefit.  Move the matter with a local advocate and issue a legal notice first and depending on the reply, you may have to file a partition suit.  Because you have taken family responsibility, your mother may gift her share or relinquish her share in the property in your name.

P. Venu (Advocate)     13 February 2021

The property left intestate by the late parents are to be shared among the legal heirs. Other aspects re of no relevance.

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Uttam Yadav   13 February 2021

When my father purchased that land, he distributed among 3 sons. Land was shared with 3 sons. We were kid that time. When we grew, two of the sons started troubling us. Hence my father took the control n got power of attorney from 2 sons. 1 son denied. After few months my father passed away. Now that power of attorney from 2 son dosen' t have value. Now we need to start from the beginning. 2 sons are denying power of attorney, I have given to my mom name. Is there way, where mom can take the control over land? initially land was purchased by my father n father shared among 3 sons.
1 Like

Dr J C Vashista (Advocate)     14 February 2021

@Mr. Uttam Yadav,

You did not mention whether the property was purchased in the name of all 3 brothers (sons of deceased) the vendee ?

Whether your father had ever claimed the property (not power of attorney) back from either of you ? Remember PoA do not transfer title (ownership) of the property.

Whether your father has executed any will or other document which will affect succession ?

Uttam Yadav   15 February 2021

Sorry. there was no will created. Father paid money and brought a land and the Land was shared on 3 sons. 2 son were creating issue at Home. Hence father wanted to take over control the land and he took power of attorney from 2 son n 1 son denied. After few months , Father died. 2 son power of attorney doesn't have value now. Land went on 3 sons now. Hence 1 of the son now given power of attorney to mother, rest 2 denied. Is there way we can do something where 2 son give power to mother? or gained old one portion power which was given to father but he died, mom can take it.

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