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Regarding revocation of POA
Question
My father died 7 years back and during his lifetime he made a WILL saying that all his assets will be distributed equally. my Eldest sister got a POA in her favour to manage all the properties and all the rental income is now being enjoyed by her and she is not even giving any account of the same. what should i do to get the account and revoke the POA in her favour atleast from my end.
Answers ( 4 )
You can challenge the poa executed innfavour of your sister inthe civil court by way of civil suit and you have to also plead that according to will execueted by your father you all are equally benefiicaries of moveable and immoveable property and filed a suit for declaration and also prayed inthe suit poa executed in your sister favour be declared null and void
Dear sir,
Mine is a similar case, where my sister has been delineated her property at time of marriage, but the property due to be hasn’t been encumbered in my favor due to some documentation issues.
At present, my brother in law is staking claim in property my father has bequeathed to me & at the same time, he is the GPA holder and my sister is owner of property not bought by her own source of income.
I am left threatened and helpless to fight perpetrators of intimidation tactics.
Presently my share of property documents are with bank and future is not clear how bank will release documents though I am the coapplicant of loan and nominee of Account upon which loan has been obtained by pledging property documents. This is in state of Telangana, city hyderabad. I don’t know whether to pursue legal heir or succession certificate, as I only an in Possession of family member certificate.
How did she bequeath the property at the time of the marriage? is their anything in writing?
As per law POA stand automatically cancelled and terminated on death of either executant of POA or beneficiary of POA in whose favour POA was executed. So on death of your father his POA in favour of your sister automatically stood cancelled and terminated. In given circumstances WILL shall prevail. The act of your sister is illegal. Being beneficiary under WILL you can claim partition of properties and also rendition of account in respect of rent etc. received and enjoyed by your sister and can also claim share on account of rent etc. but only for last three years.