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Thiagarajan (Consultant)     17 September 2012

Property rights for daughters

Hi,

 

There is a property (house with empty land) at Chennai under my father-in-law's name. This property was given to him by his father and the property was originated from ancestor. My father-in-law has 1 son and 2 daughters.

 

Questions

 

  1. Does the daughters has rights to this property.
  2. Recently my father-in-law has given power of attorney to his son without any concert with his daughters. Is this legally accepted?
  3. If yes, how can the daughters claim the property from their brother?

 

Regards,

Raj



Learning

 5 Replies

Bhawani Mahapatra (Law Officer)     17 September 2012

Dear Raj

1. Certainly yes. All the legalheirs has equal shares.

2. It is not necessary to consult to every one to give PoA to one of the legalheirs. Also what is the purpose of PoA is to be examined.

3. Any of the legalheir can ask for partition after demise of their father.

Thiagarajan (Consultant)     17 September 2012

Hi Bhawani,

Thx for your reply.

1. The purpose of given PoA is to make strong that his son is the only person having rights to the property.

2. Can the daughters claim for the property now, not after demise.

3. What is the procedure for daughters to get their share now.

4. Did the son can sell the property without the daughters knowledge with the PoA.

5. Pls note, eventhough its the ancestor property, currently the property under my father-in-law's name (his father has transferred the property to his name). Did he has all rights to transfer the property only to his son and not to his daughters ?

regards,

Raj

 

A.SUMATHY 9380902017 (LAWYER)     17 September 2012

Your father-in-law have all rights till his life time.

Power of attorney valid till his life time.

daughters can ask partition after demise of father only.

 

regards

Thiagarajan (Consultant)     18 September 2012

Hi Sumathi,

Is there any way for the daughters to claim share on this property.

regards,

Raj

A.SUMATHY 9380902017 (LAWYER)     19 September 2012

Mr.Thiyagarajan

daughters no right till her father life time.

 

regards

sumathy


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