LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harshit Mishra   08 March 2018

ancestral property

Can a daughter take over fathers ancestral property if a father is willing to give her and not to son as son is half retard. Now the grand son is asking for the rights but he never looked after his father or family and stayed till now at his mother's place . Is he a legitimate claimer , can the daughter take complete control as she was the only one who took care of parents and retard brother.


 7 Replies

R.Ramachandran (Advocate)     08 March 2018

I have seen many persons using the term 'Ancestral property' without understanding its legal meaning.

Therefore, before answering your query, it will be advisable for you to trace the history of the property i.e. to begin with (i) who first owned it - (ii) in which year he got the property (iii) whether that person is alive now; (iv) if not alive, in which year he died etc.;

then (i) who got it next;  (ii) in which year he got the property (iii) whether that person is alive now; (iv) if not alive, in which year he died etc.;

like that upto the Father in question now.

Only after going through the above history of the property, one can really tell answer to your query.

Harshit Mishra   08 March 2018

This was ancestor property. Great grad father had given to his 4 sons and then 1 one of his son( in the question above termed as father ) has given power of attorney to daughter to sell his part of land. And not to his son.he is alive and son and daughter also alive.but grand son is asking his claim. Please let me know if this help or you need more info

R.Ramachandran (Advocate)     08 March 2018

You have not given even the basic information wanted by me.

Therefore, the question of my letting you knowing anything for any further information simply does not arise.

Harshit Mishra   08 March 2018

I regret for the same. May I know exactly what other information you would like to know

R.Ramachandran (Advocate)     08 March 2018

If you are interested, read my first response.

Kumar Doab (FIN)     09 March 2018

While you answer the above mentioned points, pointwise you may also clarify:

What exactly you mean from “Great grad father had given to his 4 sons..”?

Was it partitioned by a valid/registered deed say; partition deed?

 

Who is appointed as ‘Guardian’ of said mentally retard son?

Which personal laws applies in this case or are all involved Hindu? Is the said grandson also a Hindu?

Kumar Doab (FIN)     09 March 2018

 

 

Generically Speaking; The father (principle) as in query has been sensible to sign PoA to the extent of his share only…………by appointing daughter (as in query) as agent..in PoA……

The daughter can neither take charge of whole property by virtue of said PoA (or otherwise) dispose more than share of principle of PoA……….

The agent has to maintain trust of principle…


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register