• Parents deceased - can sister with PoA legally sell property without consulting siblings

Hello. We live in US. Our parents both deceased, last year and my sister has the PoA from my father who has one property in Poona which she sold without letting me and my brother know and she is plannong to do the same with the other 2 properties that are probably under that same PoA. Obviously she is not willing to share any information or the property sales proceeds with us. As siblings how can we stop her from either renting or selling these properties, if we are not being benefitted from those transactions?
Asked 13 days ago in Property Law
Religion: Hindu

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19 Answers

You need to know full details of your father's estate and the PoA executed by him in your sister's favour. Has he left any Will? If not, all his children shall inherit the estate equally. Sale proceeds have to be shared equally. If you have all the relevant details, you may contact any lawyer on this panel through kaanoon.com.

Swaminathan Neelakantan
Advocate, Coimbatore
2991 Answers
20 Consultations

POA ceases on father demise 

 

sister cannot sell the properties 

 

file suit for partition fir division of properties 

 

seek stay order restraining sale of the properties 

Ajay Sethi
Advocate, Mumbai
98117 Answers
7973 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
98117 Answers
7973 Consultations

Sure make payment for phone consultation and call 

Ajay Sethi
Advocate, Mumbai
98117 Answers
7973 Consultations

We cannot call you 

Ajay Sethi
Advocate, Mumbai
98117 Answers
7973 Consultations

Immediately seek a status quo/restraint order against her from the local court, preventing her from selling these properties and to maintain the status quo.

 

If you father hasn’t bequeathed these properties in her favour exclusively, it comes down to all of you in equal proportions. 

Vibhanshu Srivastava
Advocate, Lucknow
9716 Answers
315 Consultations

Contact any lawyer in website by making payment for phone consultation 

 

lawyer will as per your instructions issue legal notice to sister not to sell any properties 

 

file suit for partition 

Ajay Sethi
Advocate, Mumbai
98117 Answers
7973 Consultations

On death of executant of POA, POA stand automatically stand terminated so on death of POA executed by your parents stand terminated on their death and your sister cannot execute any sale nor can deal with any property on the basis of POA. Sale by your sister on the basis of POA is illegal so challenge the sale made by sister on the basis of POA of deceased parents and also file suit for permanent and mandatory injunction seeking stay of sale of other properties. 

Siddharth Srivastava
Advocate, Delhi
1534 Answers

For your information the power of attorney deed  stands cancelled automatically upon the death of the Principal.

If the property was sold on the basis of the POA deed in her name after the death of the landowner i.e., the principal of the power deed, then that sale is invalid and illegal insofar as the share in that property pertaining to other shareholders/legal heirs to your father.

You gather the details of other properties too and either issue a legal notice demanding the partition and separate possession of your share in those properties or directly file the suit for partition and ask for the releif of your share with separate possession.

T Kalaiselvan
Advocate, Vellore
88319 Answers
2388 Consultations

Since you are entitled to a share in your parents' properties as a right, you may better file a suit for partition as advised earlier.

T Kalaiselvan
Advocate, Vellore
88319 Answers
2388 Consultations

you can contact any advocate and have a  phone consultation by utilising the options available in this website to contact any particular advocate of your choice.and discuss your subject matter at length

T Kalaiselvan
Advocate, Vellore
88319 Answers
2388 Consultations

There is no point in giving your phone number here because we cannot contact you, it will be considered as solicitation and against the advocates act, instead you can contact any advocate of this website.

T Kalaiselvan
Advocate, Vellore
88319 Answers
2388 Consultations

you contact any advocate of your choice either from this website or in the local where the property is situated and follow it up for all such further issues 


you can proceed as suggested earlier.

T Kalaiselvan
Advocate, Vellore
88319 Answers
2388 Consultations

- As per law, A POA even registered is not a document to claim the ownership of a property . 

- Hence, she cannot sell the property left by your deceased parents. 

- Further, as per law after demise of your father intestate his property would be devolved upon all the legal heirs equally and hence you have equal aright over the property. 

- You can claim your share in the property after filing a suit for Partition and Injunction for getting share in the property and to restrained her from selling any portion of the property. 

 

You can contact me , if further suggestion needed 

Mohammed Shahzad
Advocate, Delhi
15034 Answers
228 Consultations

She can only sell her share she can’t sell entire property in which other siblings have share

Prashant Nayak
Advocate, Mumbai
33298 Answers
219 Consultations

If the  transactions took place after death of father, they are invalid and not enforceable. Check the  dates of transaction. If you have property details like house No. Sy. No. , boundaries names of title holders, you can obtain details to transaction from the  office of Sub-Registrar. If the  transactions are before death, you can reclaim the  properties through civil Court seeking cancellation of sale deed. As a precaution issue a public notice in local newspapers warning general pubic not the enter into  any transactions with regard to remaining property. You can also obtain stay of further of properties through Court.

Ravi Shinde
Advocate, Hyderabad
4771 Answers
42 Consultations

Please get in touch with any lawyer on this platform, preferably with the one practising in your home State in India.

Swaminathan Neelakantan
Advocate, Coimbatore
2991 Answers
20 Consultations

1. The POA executed by your parents in favour of your sister will be considered as invalid after the demise of the executors.

 

2. So, the sale of the property of your parents by your sister after their demise, based on the POA executed by them during their life time, will be considered as invalid.

 

3. You can file a partition suit claiming share on all the properties of your parents, including that which has been sold by your sister after the demise of your parents.

Krishna Kishore Ganguly
Advocate, Kolkata
27562 Answers
726 Consultations

A Power of Attorney (PoA) becomes invalid after the death of the principal (your father). Any sale made using the PoA after his death is illegal. You and your brother can:

  1. File a civil suit for cancellation of the sale and seek a stay order on further sales.

  2. Lodge a police complaint for fraud and misrepresentation.

  3. Get property records to check ownership status and transaction details.

  4. File for partition to claim your rightful share.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

 

 

Shubham Goyal
Advocate, Delhi
913 Answers
4 Consultations

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