How to deal with POA obtained by undue influence

I want to know , if a woman gives the power of attorny to someone from the family of her first husband (his niece) , due to pressure made by that member . Is it possible that the children of the woman and her husband (first ) (who are 18+ now ) can get their ancestral property back ??? It would be very nice of u if u reply me via email only . Please .

Answers (3)

117 votes

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

Ancestral property can't be gifted away. No part of an ancestral family property can be “gifted'' away, the Bombay high court has held while resolving a dispute over a 69-year-old gift deed. ... However, under Dayabhaga as long as the father is alive, he is the master of all properties, ancestral or self-acquired properties .
In present situation yes they can recover their ancestral property if above mentioned conditions are satisfied

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325 votes

Some further information regarding the ownership status of the property concerned in the present scenario is required to properly answer the present query. whether the property belonged to the husband? if the property did belong to the husband, was any Power of attorney given by the Husband to the wife regarding the property concerned. If the property belonged to the husband and no Power of attorney was given by the husband to the wife, then the Power of attorney given by the wife has no standing in the eye of law and any deed by which the property is transferred to the niece can be challenged and be prayed to be quashed by the concerned district court.
On the other hand if any power of attorney was given by the Husband to the wife then the nature of power of attorney is to be seen. was the POA a general POA or a Specific POA. if it was a Specific POA then whether the terms and conditions of the POA authorized the wife to initiate any transfer on behalf of the husband.

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159 votes

First of all there are two different things. One is POA and second is transfer of property. POA doesn't vest any rights of ownership though it has some permissive rights value which can be revoked any time by the executor and further ceases to work after the death of the executor and hence the same can be anytime challenged on the ground of coercion and undue pressure. The property if ancestral can anytime be claimed back if the partition has not been done and if there are many co-owner.

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