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Can brother sell Joint Home in the name of Mother on power of attorney
15-Feb-2023 (In Property Law)
we have joint house in the name of My mother name. we have two brother & two sister. original paper are with my bother and he is interest in selling that property. Advice can he sell that without our consent. or what is the best way to deal this type of matter.
The nature of the power of attorney sometimes decides the fate of the power available . Since you people are the legal coparcener and the power of attorney does not entitle him to sell the property as the property is jointly owned by all of you . So here he can not sell it and you can validly file a suit for partition , permanent injunction etc
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Whether the said house is purchased by you and your brother in your mother's name? If yes it could be self acquired property and your mother has also given POA in the name of your brother,in that situation your brother can sell the property. If your mother want she can revoke or cancel POA.
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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Your brother can not sell the property which is on your mother name without her legal authority or permission. If he do so by force and coercion, you can go to the Court for the same. For more details we can have meeting.
Regards
Rohit Kumar
Advocate
Regards
Rohit Kumar
Advocate
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Adv. Rohit Kumar
Delhi | 25+ Answers
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