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Is grandson eligible for a share in grandmother's property?
08-Jul-2023 (In Property Law)
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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