Legal Question in Family Law in India
1.My Dad had given power of attorney to my elder brother of his flat in Mira Road, however my father passed away last year without making a will.In this case do I have right over my Dads property? My mom is alive. My brother has sent legal papers for my signature stating that I should have no-objection in him selling the property.He has neither spoken to me about it nor told me anything about it.Has just sent this legal letter. I want to know does he have any intentions of giving anything to me?
2.With reference to my earlier queries I would further like to inform you that since I did not sign the no objection. He is now saying that he wants to give the said property on rent. Instead of selling it. Can he legally do that ? Don't I have any share in the rent ? I had a key of that house 6 months back he took away the key from me on the pretext of doing some repair work in the flat. He has neither returned the keys to me nor he is showing any interest in doing so. What so I make of it ?
2 Answers from Attorneys
Ans to Q1 : The POA is null since ur father was died. If u have no good terms with ur brother, us simply deny his letter by reply letter or notice
Ans to Q2: He cannot lease out or rent out the property solely since co owners are available. U are also entitled for appropriate share
File a suit for partition of the said property. You may drop in a detailed query at [email protected]
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JSR/13514