general power of attorney
my grand father GVN murthy (father to father) given some properties to his sons ( ramaswamy and kalidas)by settlement deed on 4-2-59 by registration. with limited rights only to enjoy the properties but not to sale the properties .sale rights given to grand children (sons of ramaswamy and kalidas)that also after the death (ramaswamy and kalidas) , this condition , was agreed by ramaswamy and kalidas in court also , but negelected his father condition and done some properties by sale and some properties to third party by way of general power of attorney , third party GPA holder done sale the properties by way of plots , before and after the death of ramaswamy and kalidas , ramaswamy died in 1996 and kalidas died in 1992 . Question 1. does the sons of ramaswamy and kalidas will get rights on property .
Q2. kalidas given GPA to third party in 1989 ( for some properties ), and 1991 (for some properties ) does this GPA automatically cancelled after the death of kalidas.
Re: general power of attorney
Last question first : PoA stands automatically cancelled on death of the executor.
Your rights : Yes, you are entitled to the rights conferred upon you by your grandfather if his mandate did not interfere with the law of succession. Your grand father could issue directions only if it was his self acquired property; if property was ancestral in his hand, he could not issue such directions.
As per your statement, the document was registered; the settlement deed dated 4.2.59 will confer rights on you which you can claim now. You will need to check the limitation for filing a suit.
Sudershan Goel
Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA
Sureme Court of India
New Delhi, 110001