Legal Question in Real Estate Law in India

Dear Sir/Madam,

First let me tell you my family background. I have 1 sister and 2 brothers, my dad expired years back when I was only a kid, my mother is alive. Now, my mother has given the power of attorney to my younger brother for all the financial deals and he is taking advantage of it by selling out properties and grabbing the money himself. Sisters are not getting their part after the sell off of properties and my mother is also fine with my younger brother.

My question is that, does the power of attorney means he can grab all the property himself and use it as his will? Or I can challenge this and claim 1/4th of the property sell out money(since we are 4 children). Please let me know what is the procedure to claim my part of property.

Please note:-My mother is a person of old regime and wants that the property remains within sons and no daughter gets anything,my sister being married to a rich groom is ok with this decision, however my financial condition is not that robust and it would help me a lot if I can at least get my part.Please help.


Asked on 5/28/11, 7:45 am

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Who is the owner of the property ? If mother is the owner then she can do anything with the property . You would not have any share in the property. If your mother dies intestate then only you get your share in her property and not otherwise. But if your brother is misusing his rights under the POA then you have right to challenge the same before the court but with your mothers consent to do so.

Read more
Answered on 5/28/11, 1:01 pm
shiv shakner saini saini law

contact with details on 09587744142

Read more
Answered on 5/28/11, 9:21 pm
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

I CAN ALWAYS HELP YOU.YOU BROTHER CANNOT GRAB THE MONEY.FIRST YOUR MOTHER HAVE TO REVOKE THE POWER OF ATTORNEY AND HAVE TO TAKE LEGAL ACTION AGAINST YOUR BROTHER. FOR DETAILS YOU MAY CONTACT ME IN MY NUMBER 0984753359

Read more
Answered on 5/29/11, 6:26 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India