Father's right on grandfather's property
My Grandfather is alive and has two sons. He has one property in Noida under his name where my father has a power of attorney at the same time when the property was purchase 32 years ago. My Grandfather also has got a will, wherein he had distributed this property among his sons in some percentage.
My question is that does my father has got the full right to sell off this property entirely or only his portion. Secondly, is my grandfather's will effective at present or not. In case of his death, if his will become effective will it supersede the power of attorney and the property will be distributed according to the will.
The authority of your father to sell it flows from the power of attorney. It has to be seen whether the power of attorney authorized him to sell the property. It also need to be ascertained as to whether the power of attorney is revocable or irrevocable. The clauses in the will which are at variance with those in the power of attorney will also need to be examined thread bare to determine whether the right to sell of your father extends to only his share or to the entire property in respect of which the power of attorney has been made.
It will be prudent on your part to consult a lawyer personally and show him the will and the power of attorney in order to enable him to give you a clear picture.
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