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I am the only son of my mother and recently discovered that she owned a house in Kolkata. My mother passed away 10 years ago, and it seems she had given a Power of Attorney to one of my cousins (on my father's side). He is renting out the house and earning from it. I want to know if I automatically become the owner of the house, and if any legal issues arise with the property, would I be automatically liable? I have no interest in claiming the property. My father is alive and living with us. We have no issues regarding the property, but my cousin is not willing to take it under his name. What options do I have?
Sir, since your mother had granted Power of Attorney (PoA) to your cousin so the legal ownership remains with your mother’s heirs until the property is formally transferred. A PoA does not give ownership, it only gives the authority to manage or act on behalf of the owner and you will not automatically be liable for any legal issues related to the property unless you decide to take ownership or get involved in its management. It is advised to consult an expert lawyer who will assist you to explore legal succession. For further legal assistance contact us on our helpline number.