Legal Question in Real Estate Law in India

Hi,

I'm Jatin, working with IT company.My Query is regarding my father property which is described below

"My Father bought a land in 1978 on power of attorney in west delhi because registry option wasn't available that time, After 2 years, my father made a 2 floor house on that land. we all are currently staying on ground floor and my uncle (Cacha ji) staying on first floor. Now, In Feb 2013, my father was passed away due to sudden heart attack.

So my question is

1. Can we transfer the power of attorney to my mother by presenting the all legal documents like death certificate, father proof?

2. My uncle (cacha ji) has a right to adopt 50% share of property?

3. can we sell this property?

You advice will be great help to us

Regards

Jatin


Asked on 3/31/13, 9:03 pm

6 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

A1 on the basis of the death certificate the property can be mutated in the name of the legal heirs in MCD records.

A2. Your uncle is owner of his portion by adverse possession. However if the terrace is not in his control you may claim your rights on it.

A3 You may sell after mutual partition between your uncle and the heirs of your father.

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Answered on 3/31/13, 9:43 pm
uttam Tibrewal

Mr jatin already replied you in path legal

if you have any query do mail me at [email protected]

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Answered on 3/31/13, 10:28 pm
Shrichand Nahar S.V.Nahar, Advocate

Ownership can be inherited. A Power of Attorney is not ownership.

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Answered on 4/02/13, 10:11 pm
Jayesh Desai Jayesh Desai

Firstly by GPA you do not get a title.

Your Chacha can have no right, as your father bought the property, at best your chacha can be a 'gratuitous tenant'.

Unless your name is entered in land records, you cannot sell.

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Answered on 4/05/13, 5:35 am


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