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Thiagarajan (Consultant)     22 June 2010

hindu law daughter property share

Hi,

My wife has two sisters and one brother.  Her father has some property which is ANCESTRAL PROPERTY.  The Ancestral (may be two-three generations). But the property was trasfered to his name by her grandfather. Now her father gave power of attorney to his son without the knowledge of his three daughters. Can my wife and her sisters can claim rights & share in this property. Also how to proceed further on this issue.

Other information :
His son has constructed a house in that property few years before the Power of attorney.
She married in the year 2002.
The property was transfered to her fathername by her grandfather and now he is transfering to his son's name.
 

Thanks,

Raj



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 16 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 June 2010

She can file a suit for partition.

Thiagarajan (Consultant)     22 June 2010

Hi Archana,

Thanks for your reply. Sorry I can't understand your advice. Can you pls advice, whether she is eligible to get share for this kind of property.

regards,
Raj

Adv Archana Deshmukh (Practicing Advocate)     22 June 2010

Your wife and her sister can claim their share by way of partition. She can issue notice and claim her share which is equal to her brother's share. If they deny then file a suit for partition and seperate possession of her share.
 

Thiagarajan (Consultant)     22 June 2010

Hi Archana,

Thanks for your instant reply. Is it ok to issue notice, since her father already given power of attorny to his son. Do she still got hold in the property ?

Also how long this process will takes if we file a suit.

regards,

Raj

Adv Archana Deshmukh (Practicing Advocate)     22 June 2010

Giving power of attorney to one sharer does not extinguish the right of other co-sharers. Try to settle the matter amicably if you can, else issue a legal notice.

Thiagarajan (Consultant)     22 June 2010

Hi Archana,

Thankyou. I will try to settle it amicably. But incase if i needs to issue legal notice, how can I issue. As myself and my wife are living in abroad and her brother also in abroad with family. How can she issue legal notice to whom to which address. Can we issue a legal notice to her father. Who is the right person in this scenario.

regards,

Raj

Adv Archana Deshmukh (Practicing Advocate)     22 June 2010

Shr should issue the notice to her father on his address.

Thiagarajan (Consultant)     23 June 2010

Hi,

Since his brother has already have the POA, is it possible for him to sell the property or to transfer the property his wife or other's name ?

regards,

Raj

Thiagarajan (Consultant)     23 June 2010

Hi,

Since her brother has already have the POA, is it possible for him to sell the property or to transfer the property his wife or other's name ?

regards,

Raj

Rajiv Kumar Dubey (Lawyer)     23 June 2010

Dear Thiagrajan,

The law in respect of Partition changed by way of an amendment in Hindu Succession Act in 2005, wherein the even the married daughters have been provided with equal share in ancestoral property. As far as your case is concerned it clearly falls within purview of the said amendment and you wife has equal right available in her father's property. Try to settle the issue with your brother in law else file a suit for partition. The power of attorney gives power to delegate the property but such documents can't really override a right which has been provided by the Act. Take prompt action and you will definitely get a relief.

 

Regards,

 

Rajiv Kumar Dubey, Advocate

Thiagarajan (Consultant)     23 June 2010

Hi Rajiv & Archana,

Thanks for the advice. Can you also pls advice what hold is there at his (brother in law) side. Any advantages he have now to avoid equal shares since he holds POA.  POA is valid for certian period and what is his next step (can you guess based on your experience).

regards,

Raj

Adv Archana Deshmukh (Practicing Advocate)     23 June 2010

He may try to sell of the property on the basis of the POA. Issue a public notice, no one should deal with him in respect of the properties as you have a share in it and such transactions shall not be binding upon you.

Thiagarajan (Consultant)     24 June 2010

Can he able to sell the property or transfer based on POA. If he sell or transfer the property without the knowledge of his sisters. Did law permits to take any action on him at that point of time. Pls advice.

Adv Archana Deshmukh (Practicing Advocate)     24 June 2010

The sister can still get her share, but it is advisable to issue a public notice.

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