371+ Lawyers are online 
Son fraudulently acquired deceased wife's property,not giving my share
13-Mar-2023 (In Property Law)
I am a senior citizen, My son illegally possessed my property which purchased by my Late wife and she gave power of attorney before his death. Now my son and his wife possessed my property and not letting me or my other children to enter in the property suggest me what can i do?
I have read and understood your query and shall be able to address yout concern as I specialise in civil cases. However I shall be needing some additional information so as to guide you well accordingly in this case.
Helpful?
16+
16+
Adv. Anish Roy
Delhi | 100+ Answers
CONTACT NOW
Sir, I have understood the query. However to help you out I need to know details like what kind of Power of Attorney was given etc to ascertain its challengeability. Also as a senior citizen you are entitled to maintainence. Rgds
Helpful?
10+
10+
Adv. Usha Sharma
Delhi | 25+ Answers
CONTACT NOW
From what you have stated Sir, it appears that the property was your late wife's self acquired property. In that case, your son cannot have any right to occupy the property. This I am saying since the Delhi High Court has recently passed a judgment saying that a son has no legal right to stay at his parents' house. In fact a son can stay at his parent's place only at their mercy. So prima facie it appears that your son cannot occupy the property in the first place if that is not his property.
However you also say that there is a power of attorney that was executed before your wife's death. This power of attorney needs to be looked an examined in order to understand its relevance and impact on your case.
So your legal option is to file a suit for declaration and permanent injunction. Depending on the market value of property and the location of the property, the suit can be filed either at the High Court or at the appropriate District Court. This would be done only after going through the documents and records of the case.
If you have any further query please feel free to contact me.
However you also say that there is a power of attorney that was executed before your wife's death. This power of attorney needs to be looked an examined in order to understand its relevance and impact on your case.
So your legal option is to file a suit for declaration and permanent injunction. Depending on the market value of property and the location of the property, the suit can be filed either at the High Court or at the appropriate District Court. This would be done only after going through the documents and records of the case.
If you have any further query please feel free to contact me.
Helpful?
25+
25+
Adv. Asif Ahmed
Delhi | 25+ Answers
CONTACT NOW
power of attorney is valid until the person is alive, if you had the possession 6 month prior file a case of s6 specific performance, you will be exempted from paying court fees being a senior citizen we will help you in suing as a pauper
Helpful?
23+
23+
Adv. Nitish Banka
Delhi | 100+ Answers
CONTACT NOW
Whether the property purchase by your wife was from your money ? When your son dispossessed you from the property? whether it was previously in your possession? All these information is necessary for any kind of advice.
Helpful?
20+
20+
Adv. Puja Shrivastava
Delhi | 100+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
