639+ Lawyers are online 
Can my mother claim property in my fathers property
08-Jul-2023 (In Property Law)
My brother is a NRI and has given Power of Attorney to my father for property purchased in India. As next of Kin, can my mother or myself stake claim to this property in future just because power of attorney is given to my father?
No you and your mother can't claim in such property just because the power of attorney has been given to your father. But you can claim in such property if it is ancestral and is in the name of your forefather or father. If it is purchased by your brother with his own money then u can't claim in it unless your father desire to do so.
Helpful?
Adv. Palak Vasisth
Delhi | 25+ Answers
CONTACT NOW
Where Power of Attorney is given by your NRI brother to your father for purchasing property in India on his behalf, your father alone can purchase the property on behalf of your NRI brother. This is because your father on account of the Power of Attorney issued in his favour is authorised to sign documents for purchasing property for your brother.
The owner of the properties thus purchased would be your NRI brother and not your father although he has signed the documents for purchase of the property.
As your father does not own the property so purchased, although he has signed the documents. you or your mother will not be able to claim any right in such property on account of being the next of kin of your father.
The Power of Attorney is not an inheritable right and therefore any right arising out of the Power of Attorney will stand extinguished upon the absence / demise of the Power of Attorney holder (your father).
The owner of the properties thus purchased would be your NRI brother and not your father although he has signed the documents for purchase of the property.
As your father does not own the property so purchased, although he has signed the documents. you or your mother will not be able to claim any right in such property on account of being the next of kin of your father.
The Power of Attorney is not an inheritable right and therefore any right arising out of the Power of Attorney will stand extinguished upon the absence / demise of the Power of Attorney holder (your father).
Helpful?
Adv. Ajit Wagh
Delhi | 25+ 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."
