daughter's share in father's own/earned property

Dear Cyril,

The power of attorney has no legal force after the demise of the Principal. Therefore the property will devolve upon all his legal heirs by way of intestate succession. The daughters will also have a right to claim their share.

Thanks, Ramakrishnan, ADV 

There is a case in my own family where the mother made the will. But inspite of this my sister managed to garner about 20% extra of the property.

Many other points mentioned in the will i.e. regarding the common land, and first right of sale to the brothers or family members also was neglected.

The favourable points were only entered in the property card. After I challenged the authorities at City Survey they say that entries were made as per will. But when I showed the official registered copy of the will, they remained quiet.

Now after I met a lawyer and asked him. He told me that entry should be made as per will and to ask the city survey office for the will. But now they are unable to find the will in their records.

I am following up the case and will approach them again tommorow to see the copy of the will they used to enter into the property card.

Dear N. Ramakrishnan

Thanks for kind advice.  Now I am planning to dispose of the property.  Can I do so? The said plot is in an unauthorised colony in Delhi where registry is not done and properties are sold only on GPA.  Am I legally bound to take my sister in confidence while negotiating the deal or can go ahead with it and give her the share later.  Pl. advice

Cyril

Dear Mr. Lobo

Thanks.  But in our case my father did not do any will. Only GPA in my favour.  As Mr. Ramakrishnan advised that it does not hold good in the eye of the law then what is alternative.  My father did not intend to give portion of property to my sister.  As she has two other properties.  I have responsibility of another sister of mine and her son apart from other family obligations.

Will law take a compassionate view of the whole thing i.e. give consideration to my responsibilities ( this is in case that matter is referred to court).  I hope my sister will not insist much.   Advice pl.

Dear Mr. Cyril,

Unfortunately, a POA holder cannot execute another POA and in your case the Principal being dead, you have no power to sell the property. It is better to take your sister into confidence and move forward to avoid future complications. You can appraise her of your father's intentions while executing the POA in your favour as well as your obligation to take care of your other sister. If you alienate the property through another POA, the same will not convey any right on the purchaser and  it is likely that you may be hauled up by him later. It is better to take your sister into confidence.

Thanks,

Ramakrishnan, ADV

agree with mr. ramakrishnan's view.