Legal Question in Real Estate Law in India

my father was very ill lately and living with by brother in India. Recently my brother has taken a power of attorney from my father and trying to sell the land to his wife by destavej and so on.This was done while my father was alive. since then my father has passed away.

we feel that my brother is trying to deprive us of our inheritance by the above arrangement. we have filed an objection to this sale on 135 d notice so far.

My questions are following:

Is my brother legally allowed to do this?

would the POA will undermine what is available to me as per the Hindu Succession Act?

Any reply would be really helpful.


Asked on 7/31/14, 9:42 pm

1 Answer from Attorneys
Bhagwat Patil

If the property is inherited by your father the transaction is null and void. If it is self acquired one you have to prove the consideration for acquiring the property by your father was sourced from inheritance.

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Answered on 7/31/14, 11:23 pm


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