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Dhruba Charan Samantaray (I/c Head Clerk)     31 July 2014

Mis-use of power of attorney and claim of married daughters

My mother is only daughter of my Grandfather.My father has no brother and living sisters. I have two brothers and two sisters .My Elder brother had gone to my Grandfathers adopted Son and enjoy entire property of my Grandfather. A Plot in Bhubaneswar(Odisha) was purchased by my father and Registered in the name of my Mother. For giving rent and maintenance of  the plot a power of attorney was given to my younger brother who is an Advocate,other ancentral property is in our native village which is 50Kms away from Bhubaneswar. I am having LL.B Qualification now in State Govt. Job.My two sisters got married since 1988.My father is now running 83 years,he has no mentality to make partition of his property.

       My question is whether my sisters can claim share of property .My younger can misutilise power of attorney and capture the urban plot in his name without division eighter me or with sisters or among total brother and sisters. Whether my younger brother misutilise by way of forgery signature of my mother and father can make will in his name the entire property . Kindly suggest and advice me what can do at this stage while my father blindly support his younger Son (Advocate).



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 3 Replies

Subash M R (Advocate)     31 July 2014

From the facts put forth by you it is seen that there is no property to be claimed.

Thanking you, 

Anish Thakur 7018812737 (advocate)     31 July 2014

Dear Querist ,Power of attorney is itself a absolute power given to act ,sale on their behalf.Totally depends what is written in the power of attorney mean powers given in power of attorney.Yes as per hindu succession amendemnt act 2005 daughters can also claim their right over the property.But as the property is your fathers self acquired property he can make will gift  of his property to any individula or to all the persons depends upon him.Feel free to call.

Dhruba Charan Samantaray (I/c Head Clerk)     01 August 2014

Originally posted by : Anish Thakur 9459321520

Dear Querist ,Power of attorney is itself a absolute power given to act ,sale on their behalf.Totally depends what is written in the power of attorney mean powers given in power of attorney.Yes as per hindu succession amendemnt act 2005 daughters can also claim their right over the property.But as the property is your fathers self acquired property he can make will gift  of his property to any individula or to all the persons depends upon him.Feel free to call.

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