LawRato

My father and my uncle own a joint DDA flat in Delhi. My father expired last month. Now my father's


06-Jul-2023 (In Property Law)
My father and my uncle own a joint DDA flat in Delhi. My father expired last month. Now my father's sister says she has a Power of Attorney of the whole flat and she says she has the ownership of the complete flat . Does my mother has any rights on the property and how can we get a solution to this legal issue. We have the Conveyance Deed of DDA having my father's name and my Uncle's name. We and my Uncle have no dispute and we want  to sell the flat. Please advise on the legal issue.
Answers (3)

Answer #1
744 votes
On the basis of POA, she cannot claim the property. If the mutation and documents are in favour of your father and uncle, then the sister cannot claim a share on the said property. Your mother will be the next in line to claim a share in the property.

Let’s clear all the facts and thereafter we can discuss the same.

Thank You.
Helpful? LawRato LawRato
Answer #2
592 votes
Power of attorney does not give the absolute title of the property. The title documents like the conveyance deed and mutation documents has to bear the name of the owner. Merely producing the POA will not give any title right of the property to her. After the intestate death of your father you and your mother alongwith other siblings, if any, will have equal share in the property. For any further legal assistance please feel free to contact

Thanks
Helpful? LawRato LawRato
Answer #3
682 votes
If your father n uncle had joint Propety how can your father release GPA for full property when your father’s share itself is 50% …this type of GPA stands Null n void ….plz b in touch with us bcoz u need proper consultation
Helpful? LawRato LawRato

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."