What are the issues in transfer of a house if there is no will?
Premium- The PoA automatically becomes null and void and all the powers/authorities granted therein extinguishes for all legal purposes and intent
My uncle died intestate recently. Prior to his death, he had enrolled my name for a house. Will there be any issue in the transfer of this house?
—Name withheld on request
Based on the limited facts narrated here, we understand that there can be two scenarios in your situation:
First, your uncle purchased the house in both your names, as co-owners, and for this had enrolled your name in the house papers as one of the owners. Unless otherwise stated anywhere else, you own an undivided 50% share in the house. However, in the absence of a will after your uncle’s demise, the residual 50% of the share owned by your uncle in the house would devolve unto his legal heirs as per the applicable laws of succession in India.
Second, we assume that the concerned property is a flat in a cooperative housing society and hence your uncle nominated you by enrolling your name in the property papers i.e. in the nomination form of the society. Thus, you are a nominee of a flat after the demise of your uncle.
In such a case, a nominee is only a custodian of the property till it is bequeathed in accordance with the provisions of the applicable personal laws/laws of succession applicable to your uncle. Also, depending on the personal law by which your uncle was governed, the flat shall devolve unto the surviving legal heirs. In case your uncle was married, his wife and children, if any, will be considered to be part of the heirship in accordance with his personal law.
A landlord had executed an unregistered Special Power of Attorney (PoA) in favour of an agent in a civil case pertaining to one of his properties. The landlord died, and I want to understand the ramification of this POA.
—Name withheld on request
The PoA automatically becomes null and void and all the powers/authorities granted therein extinguishes for all legal purposes and intent. Thus the agent/attorney has no right to continue the civil case proceedings. This information of the demise of the principal and revocation of the PoA should be informed to the Court where the matter is pending so that the legal heirs of the landlord can be impleaded in the court case and the case is not abated for non-joinder of the legal heirs.
Aradhana Bhansali is partner, Rajani Associates.