Legal Question in Real Estate Law in India

05.08.2013

Dear Sir / Madam,

Validity of a Power of Attorney (POA) ceases on the death of the Maker (Issuer). So the deceased's mother in law has no locus standi as regards her son-in-law's estate comprising of his immoveable and moveable property. If the deceased has left behind a Will, the beneficiaries named in the Will, are entitled to the title of the immoveable property and the ownership of the deceased's moveable property vide a Probate from the Court. If there in no Will, the legal heirs have a right to the estate. For the purpose of determining the legal heir, they will mean and include only blood relations - father, mother, unmarried brother, unmarried sister, wife, son, and daughter only. Married sisters do not have any right in their deceased brother's estate.

Regards,

1) Mother will have a right.

2) Married Sister will have no right as they do not fall within Calss I (CLASS I Includes -

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son. ) Sister married or unmarried is not included.

3) POA holder has no right.

It is presumed that you are Hindu, as you have not stated which religion you follow - as personal laws are different for each.