YOUR PROPERTY SHARE CAN BE “SETTLED” WITHOUT YOU REALISING WHAT YOU SIGNED

What if you gave your brother a Power of Attorney to handle your property dispute — and that document was later used to enter into a compromise affecting your share in the property?

This is not a hypothetical warning.

In Bhakti Vinaykumar Khatu & Anr. v. Jayanti Bhaskar Shirsat & Anr., the Supreme Court dealt with a family-property dispute decided on 28 January 2026.

Two sisters had executed Power of Attorneys in favour of their brother in 2012. The POAs authorised him, among other things, to settle disputes and compromise.

Later, a partition dispute concerning family properties was compromised before the Lok Adalat.

The brother signed the compromise pursis on behalf of his sisters.

The resulting compromise decree gave 70% of the properties to their mother and 10% each to the two sisters and brother.

The sisters later alleged, among other things, that their attorney had acted fraudulently and that they had not been served/informed before the compromise was finalised.

But there was a serious problem.

The Supreme Court examined the actual wording of the Power of Attorney and held that the authority to “compromise” covered the family-property dispute and allocation of shares. The Court also noted that the sisters had subsequently accepted rent from properties that had fallen to their shares.

Their appeals were ultimately dismissed.

This case carries a frightening lesson for property owners, investors and legal heirs:

A POA is not merely “a paper for my advocate/brother/friend to handle the case.”

Its exact wording can matter enormously.

If it authorises compromise, settlement, partition, transfer, appearance, signing or other acts concerning property, you should know precisely what authority you are giving.

Because later saying:

“मैंने तो सिर्फ case handle करने की authority दी थी”

may not be enough if the document itself contains broader powers.

And there is another danger.

A mediation, conciliation, Lok Adalat or settlement document may not remain a casual negotiation paper. Once a compromise is recorded and acted upon, challenging its consequences can become extremely difficult.

So before signing a Vakalatnama, Power of Attorney, compromise pursis, settlement, mediation document, undertaking or consent document, ask:

What exactly am I authorising?

Who can sign on my behalf?

Can they compromise my property rights?

Can they admit something affecting my title or share?

Can they bind me even if I am not physically present?

And most importantly:

Have I read the final document — not merely trusted the person explaining it to me?

Property disputes are not always created by strangers.

Sometimes the person holding the document is a relative, friend, property dealer or professional adviser whom you trusted.

And sometimes the real battle begins only after the document has already been used.

Through MenCell.Org, built over nearly two decades, I use judicial activism, RTI activism and other lawful methods to examine procedural problems and build a case strategy.

If your property matter involves relatives, inheritance, disputed documents, POA, Vakalatnama, mediation/conciliation, Lok Adalat proceedings, police inaction, FIR refusal, court notices or suspicious legal procedures, do not wait until the property position becomes harder to reverse.

Paid one-to-one consultations are available through Google Meet.

I can also visit your home, office or another convenient location across Delhi & Delhi NCR.

Appointment booking and WhatsApp consultation are available through MenCell.Org. WhatsApp: 9873540498 — message only to book an appointment.

Property documents deserve scrutiny before they become evidence against you.
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