Legal Question in Real Estate Law in India

Hi, I have a query related to a house property.

A house property was constructed by a person and he dies without making a will.

The ownership of the house automatically transfers to the legal heirs ( 5 brothers and 2 sisters )

Now there were certain legal proceedings regarding the house for which all the 4 brothers and 2 sisters decided to make the eldest brother, the NOMINEE who will represent everyone on their behalf.

After that the eldest son dies.

Now, according to the municipal records, the house is registered in everyone's name ( 5 brothers, 2 sisters ) but the eldest son's wife denies to show the power of attorney.

It is suspected that the eldest son's wife has resorted to power of attorney abuse since an agreement for fixing hoardings on the roof of the house has been executed in the name of the eldest son's wife only stating she is the owner of the house property.

My question is whether power of attorney abuse is possible in this case ( since the legal agreement of fixing hoardings mentions the eldest son's wife as the owner ) provided the property is recorded in everyone's name in the municipal records and none of the brothers or sisters have seen the current power of attorney of the house.

The remaining brothers and sisters are not even shown any accounts of the property income and how it is utilised. Over here there is a chance of misuse of property income by the eldest son's wife since she handles the same.

Please discuss the consequences and whether any of the remaining brothers and sisters can file a suit against the same because they feel they are deprived from the rights to the house property.


Asked on 3/25/13, 9:34 am

2 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Too long query. Consult your lawyer with all the details.

Read more
Answered on 10/14/13, 2:44 am


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