Legal Question in Real Estate Law in India
before death of my grandfather,he tranfered his property to my father which a general power of attorny in the presence of magistrate and my two relatives. My grandfather has two sons. My uncle is lives in abroad and he do not want any share form that property but his son want share from that property as a successor.
In future he take definately a LEGAL step? will he success in claming that property? we also want to reconstruct that property? also wiil he success in stay order on that property???
please give your valuable advice.
2 Answers from Attorneys
General power of attorney does not transfer any property.
16.10.2013
Dear Sir / Madam,
Your grandfather ought to have Willed his property to your father before his demise. A General Power of Attorney in no way implies transfer of title of the property to your father. If your grandfather has died intestate, the property vests in your grandmother. YES, you cousin brother does have a legal right in the property in the absence of your grandfather's Will specifying that the title of the property should specifically vest in your father's name.
Regards,
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