LawRato

Power of attorney selling the part of the land, what can be done


25-Jan-2023 (In Property Law)
My grandfather has given the power of attorney of some land out of the whole property we have, to one of my uncle and he is about to sell the land. How can I stop him from doing so as he might again claim his property in the remaining share.
Answers (2)

Answer #1
858 votes
The situation seems to be quite bad. You can file a letter of administration in respect to the property in question.

What do you mean by Stay Order in Indian Law?

The act of temporarily stopping a judicial proceeding through the order of a court.

A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay sua sponte, without the request of a party. Courts will grant a stay in a case when it is necessary to secure the rights of a party.



How can you get Stay order on a Property?

Stay Order means that the order which has been stayed would not be operative from the date of the passing of the stay order and it does not mean that the said order has been wiped out of existence. Stay of execution means to suspend the enforcement of a judgment or order until something else happens e.g. an appeal can be heard. Proceedings can also be stayed absolutely or conditionally. Every court has inherent powers to temporarily suspend the proceedings in any action where the Plaintiff is in default or has disobeyed any lawful order of the court.

Status Quo means the state of things at the time of issuance order remain the same till the order stands vacated or decided by a judgment.
Answer #2
548 votes
If your Grand Father is alive and willing to recall the Power Of Attorney, he can do so by registering a deceleration canceling the earlier Power of Attorney and getting it published. You alone cannot do anything except for filing a suit, depending on the facts, for partition and praying for injunction.

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.

Report abuse?

Comments by Users

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."