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Understanding the lliability of flat for a legal heir……


20-Nov-2024 (In Property Law)
I the only son of my mother recently came to know about a house in my Mother name in Kolkatta. My mother expired 10 year ago. It seems she also had given a Power of Attorney to one my cousin(father side) and now he rents that house and earns a living. I wanted to know, do I become an automatic owner of that house, in case of any legal issue or any kind of issue arise on that house, do I become automatically liable? I have no interest to claim that property. My father is alive and with us
Answers (3)

Answer #1
559 votes
since the property was in the name of your mother of your mother you and your father both become the owner of the property now you have mentioned that your cousin power of attorney and on the basis of power of attorney he has been giving the promises on leave and licence. after the death of a person who has given power of attorney the said power of attorney also expires and it is of no value so you being the successor of the property and lesser until that property is given by your will or give to your cousin so been the successor of the property you are liable for any further consequences
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Advocate Devendra Singh

Adv. Devendra Singh

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Answer #2
947 votes
After the demise of your mother, your father, you and your siblings have a right in her property as her legal heirs. The Power of Attorney executed in favour of your cousin has no legal standing in law now. Feel free to contact me for seeking any legal advice as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

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Answer #3
670 votes
Dear client based on your question, since your mother passed away 10 years ago, , her property would have devolved according to the Hindu Succession Act , 1956 . And the property will be divided as per your legal heirs. A POA is not a transfer of ownership. So, for further detailed discussion feel free to contact us.
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Advocate Anish Palkar

Adv. Anish Palkar

LawRatoMumbai | 200+ Answers
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