Saurav 28 October 2016

Property right query

Dear sir , We belong to Hindu family this is in reference to our ancestor property purchased by my grandfather . Post his death the said property have been freehold & jointly owned by three sons of my late grandfather. Both my uncles are seeking partitioning of property in their respective names but my father has been evading it. My younger brother settled Australian citizen has claimed that my father has appointed him as his representative to discuss all property matters with my uncles on his behalf. my question is can my father nominate my younger brother? sidelining me or does this mean my father & brother are trying to isolate me from my property right in case partitioning happens in near future . Many thanks Saurav Brahma

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Kumar Doab (FIN) 28 October 2016

You have posted that:

"We belong to Hindu family this is in reference to ...................... property purchased by my grandfather"

Property inherited upto 4 generations of male lineage is ancestral.

Thus apparently the property is purchased by your grandfather is not ancestral.

Since the property that devolved upon your father is by inheritance its nature might be self acquired.

Your father can sign POA in favor of anyone for his estate.

It shall be better to obtain mutation record and all link documents and show these to a very able counsel specializing in revenue/property/civil matters for considered opinion.