A landowner in India had 2.5 acres of land with a patta pass book. He divided the land, giving 1.25 acres to his third son with a separate patta pass book, while keeping the remaining 1.25 acres for himself. They enjoyed the land until 2005, when the father passed away. His wife and three sons, including the one with the 1.25 acre patta pass book, continued to own the property under Hindu law.
In 2008, they signed a development agreement and an irrevocable power of attorney with a developer, giving the developer 48-52% of the profits. The wife died in 2013.
The question is: is the development agreement and power of attorney still valid after the mother’s death? The three sons claim it’s no longer valid and signed a new power of attorney, mentioning a property value of ₹29,74,000. The new power of attorney holder paid ₹29,64,000 as an advance, leaving ₹6,000 pending. I purchased the property through Vijayalakshmi Housing, Gollapudi, VZD.
Best Answer
Yes, the development agreement and power of attorney are likely still valid after the mother’s death, as they were signed by all legal heirs. The sons’ claim of invalidity is not supported by Hindu law, which allows for joint property ownership. The new power of attorney and subsequent transaction may be subject to legal challenge due to potential conflicts of interest and lack of consent from all legal heirs.
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