Legal Question in Real Estate Law in India

Death of a person having property POA

I have a plot in a district town in Rajasthan . I had purchased this plot many years back from owner and Power of attorney was given by owner as well as by me as purchaser to my brother- in- law for all matters to the property. My brother in law died recently without transfering the property in my name. He is survived by his wife and 2 children. What options do I have to get the propperty registered in my name? While consulting some property specialist, I was told that I have to bring the original owner to get the necessary formalities done which seems very difficult due to passage of time. Can you suggest some solutions ?.


Asked on 12/19/06, 2:00 am

2 Answers from Attorneys
Vinay Mathur Vinay Mathur & Associates

Re: Death of a person having property POA

If the registry of the plot is in your name and you have given the POA to your Brother in Law regarding safeguard of property then you have nothing to worry as after his death the POA stands cancelled. But if the property is not registered in your name then there can be some complications for that entire study of the papers is needed.

If needed can contact me. 9829010316

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Answered on 12/20/06, 4:45 am

Re: Death of a person having property POA

dear sir,

in your case it is to be seen that under which capicity your brother in law had purchased the property.if the same is as your attorney thenyour name should be mentioned as owner and since brother in law has died so the POA stands terminated but if the situation is different then

you have to civil court for your right over the property in that case you may prove that your your brother in law has acted in contravention of spirit of POA.In last it is necessary to see the papers which were executed at the time of transaction of your property.

For any other query/assistance you may call me on my mobile no. 9873343288

thanks.

siddharth

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Answered on 12/19/06, 10:12 am


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