Legal Question in Real Estate Law in India
Land Law
My family own land in India my father is old (90) and therefore my brother who lives in India took out a power of attorney to look after the land unknowing to me he sold most of the land he was to manage. I only found out when I returned to India for my Father's funeral. Do I have a legal case? (in recovering the land sold or the money he received from selling)Please advise me on what I could do.
3 Answers from Attorneys
Re: Land Law
The qn. raises quite a few issues of facts, like what powers were granted by the power of attorney, and whether the property was held as coparcenary. Better to consult a lawyer, with proper documents, like title deeds, and details of the power of attorney.
Re: Land Law
It is not clear whether the land is inherited or purchased by your father, assuming that your father purchased the land by his own funds, and he has given power of attorney to your brother to sell the land, that does not mean he can sell and dispose of the land the way he wants, he has to account for the proceeds of the sale, provided if your brother has paid some consideration (amount) to your father for obtaining the Power of attorney then he gets the full power to utilise the proceeds, but if not he has to account the sale consideration.
You can file a case against him to receive the proceeds
The other case is that of Inheritance wherein he cannot sell land at his whims and fancy, In Hindu law son becomes entitled to a equal share alongwith father and brothers, since he has obtained the power of attorney from your father and sold, only thing you can do is to ask for account for your share, or to get the sale deed cancelled by filing the petition.
Thankyou
Regards
B.Balasubramanya
Re: Land Law
Yes, you do have a valid legal case. You may initiate legal proceedings against the brother for cancellation of the sale deeds, as well as for rendering accounts of the sales and claiming a share in the proceeds.
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