Is grandson eligible for a share in grandmother's property?
I have a house in my grandmothers name, but my uncle somehow managed to transfer the power of attorney in his name. I being the grandson, do I have the power to take my share in that house?
Of course you have a right in your grandmother's property, but under the current scenario you will have to challenge the Power of Attorney that your uncle has managed to get in his name. This would include viewing the powers that are mentioned in the document as well as who all are the witnesses. If the witnesses are not alive, the Power of Attorney can be easily challenged in the court. It can even be quoted that the signatures were forcibly done on the documents.
Another thing to be kept in mind is whether the GPA has been registered through a Registrar or not. If it has a circular stamp it means it has been passed by a notary and thus might not be valid. If the documents have a triangular stamp it means it has been passed by a Registrar. These details will make a huge difference in the way the POA is challenged.
Coming to your right in the Property, it certainly exists and you can definitely ask for your share in the same. For this, you need to file a suit for Partition to claim your share in the property.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Qualified written test but university denied my admission
- Cheque bounced by agent what action can be taken against me
- How to get full and final settlement with the previous employer
- Mother expired in 2012 shop in her name and brother in possession
- RWA threatening to discontinue of service for non payment