Do I automatically own my mother’s property and liability rights?
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?
As you are the only son of your mother, then you become the legal heir with the ownership rights. The Power of Attorney by your mother to your cousin expired upon the death. Legally, your cousin can no longer collect the rent. If you and your father is not interested in the property, then you can execute the relinquishment deed in favour of your cousin. This must be registered at the sub register office. You can file a Disclaimer of interest in court stating that you do not claim ownership of the property. This is useful in protecting yourself from legal disputes.
Since you are the only son, you are a legal heir to your mother's properties. Automatically, when your mother passed away, her assets or properties are inherited by you. These include house properties in Kolkata. However, since your cousin was granted Power of Attorney, he had the right to handle the property and generate revenue either by renting out the house. You have no direct liability on legal issues since you did not formally accept ownership of the property. If you want to give up any right, you can express your declaration or waiver. You may consult a lawyer to inform you of your rights and options.
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.
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