Srinivasan (public citizen) 13 September 2010
After the expiry of my father in the year 2000, my mother applied for legal heir certificate omitting 2 of the 9 children and obtained legal heir certificate with only 7 children and self. In 2010, the omitted two female children along with another 4 female children had issued separate a power of attorny to the mother to represent them in a civil partition suit filed by me. Whether the power of attorny given by the children not shwn as legal heirs is valid in the civil court?
Vinoba (Advocate) 13 September 2010
Hello,
The Power of attorney given by them is valid nevertheless of your mother obtaining legal heir certificate by omitting a few existing legal heirs. In such case legal heir certificate obtained by your mother can be cancelled through court of law at the instance of the omitted legal heirs.
L. Vinoba,
Advocate,
Pondicherry.
adv. rajeev ( rajoo ) (practicing advocate) 14 September 2010
Legal heir certificate can be challeenged, but it is no way connected to the GPA which is executed by the children ro represent them in the civil court is valid.
R.Ranganathan (Advocate) 14 September 2010
Power is different from legal heirs and is valid unless objected to by the opposite parties. At that time the question of legal heirship certificate will come to the picture and the court will decide that the legal heirship certificate is wrong and cancel the same if sufficient proof is given.
Isaac Gabriel (Advocate) 14 September 2010
Not withstanding the power of attorny, malafide could be proved in the legal heir certificate, which could be a weapon to mitigate the POA
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