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Rajat sood (Major)     14 May 2014

Use of power of attorney

DEAR SIRS & MAMS,

I HAVE A TYPICAL CASE HERE. MY FATHER HAD A PROPERTY INHERITED FROM MY GRANDFATHER ON WILL. THE WILL STATES THAT THAT HALF OF THE PROPERTY WILL BE MY FATHERS AND REST HALF WILL BE UTILISED BY MY BUA( PATERNAL AUNT) TILL THE TIME THEY ARE MARRIED OR IF NOT MARRIED ALIVE. IN BETWEEN MY FATHER HAD A DISPUTE WITH MY TAYA JI AND HE GAVE POWER OF ATTORNEY TO OUR LAWYER TO PROGRESS THE CASE AS WE WERE RESIDING 600 KM AWAY FROM THE PLACE. tHE LAWYER SOLD HALF OF THE PROPERTY WHICH WAS ON MY FATHERS NAME. AFTER THAT WE GOT THE POWER OF ATTORNEY CANCELLED.NOW WE DO NOT HAVE A WAY TO REST HALF OF THE PROPERTY AS THE PATHWAY HAS BEEN COVERED BY THE PERSON TO WHOM HE HAS SOLD THE PROPERTY. SAID PERSON IS A BULLY BIG SHOT AND WILL NOT GIVE WAY ON REQUESTS.

ANY HOPES FOR ME??????



Learning

 3 Replies

Dr J C Vashista (Advocate)     15 May 2014

1. Incomplete information and misconceived legal preposition such as.

You are wrong since the property has to either be inherited or devolved upon the beneficiary (self acquired) through the source of excution of a will.

Contact/ Engage a local lawyer.

Rajat sood (Major)     15 May 2014

i mean not inherited but recieved through execution of will in legal terminology. I am slightly hesitant to hire a local lawyer due to the reason mentioned above.

T. Kalaiselvan, Advocate (Advocate)     16 May 2014

Without the help of local lawyer or any lawyer you cannot solve the issue, because, if rightly understood, the property lacks the easement facility for which approaching the court for remedy will be the only option. Also, your query is not fully convincing, so please come out more details in future.


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