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Property Division/Family Dispute


23-Oct-2023 (In Property Law)
Hi, We are 4 siblings, I am the youngest one and recently got married, it was a love marriage, and within 3 months we got the problems from my family side related to household. It was specially from my Elder Brother and my Mother's side and they started giving us mental torture and stress, they told us to vacate the house ASAP or else face whatever and however they behave. So in the end I had to vacate my house to prevent us from Mental torture. Now the major problem is that Our parental house is in My mother's name( Power of attorney) and she is just elder brother's side. They have done same to my other brother who lives separately in same house. Now I have a major concern that my mom will write that house in my Elder brother's name and we will be homeless. Kindly clear is it possible for my mom to write that house in their name or there is anything we can do to prevent such cases.
Answers (2)

Answer #1
701 votes
Sir, with limited Information about the ownership of the house, which is in name of your mother and she is a power of attorney holder. I can only say that yes she can give this property to your elder brother. I can only advice you further after examining the property documents.
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Answer #2
912 votes
Firstly, it depends upon the right given to her in the power of attorney upon the property. If there is no right given to her in the property to transfer by her own will then even having proper will would not survive. If she has gotten the right then you and your other brother also file for partition before she makes the will to this effect. Please feel free to reach out for any further assistance.
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