vittalrao (Pharmacist) 18 August 2010

Grand Daughter property right

Sir,

This is regarding the rights of grand daughter on her grand father's property after his death. There are 4 sons & 3 daughters to grand father. The power of attorney is with elder son, but she is second son's daughter. Now her uncle i.e the elder or first son is denying to give share to her father or herself. She is married & has a baby girl.

Now, my question is does she has complete rights to file a case on her uncle? if so how long it takes to get settled, (coz i heard such cases which holds genuine evidences will be settled within 6-months or 1-year)?

Please kindly reply

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3 Replies

R.Ramachandran (Advocate) 18 August 2010

The power of attorney has no value once the person who gave the power attorney has died.

In this case the Grand Father appears to have died without any will, and without disposing the property during his life time. The property in the hands of the First son is a co-parcenary property and would devolve on the surviving co-parcenars.

Since daughters have also been made a co-parcener as per 2005 amendment, the property would devolve on all the four sons and three daughters i.e. the property needs to be first partitioned and 1/7th share will go to each son and daughter.

The son's sons and daughters, and similarly the daughter's sons and daughters (i.e. grand sons / grand daughters) will have share from out of the share of their respective father / mother.

Daughter (or for that matter grand daughter) will remain daughter whether Married or unmarried. And as such married / unmarried has no relevance in this regard.

vittalrao (Pharmacist) 18 August 2010

Thanks for your valuable reply Sir,

Well, what further action can be taken to get her part of property. Coz he is denying to divide & distribute saying some nonsense reasons. In case if we appeal in court, how long does it take to get the judgement.

We possess all genuine documents, but all co-parcenars are saying that it is required have elder one's power to distribute the same. Second son i.e her father sent summon thrice for which he didn't care and thereatening them by saying that they won't get property share anymore.

Finally, show us the way to get procession of Grand father's property from her uncle...

R.Ramachandran (Advocate) 18 August 2010

Dear Mr. Rao,

This Forum is only meant to give a preliminary advice on legal issues based on the facts revealed by you. Please approach a Lawyer in your area and hand over the case to him to proceed in a Court of law. You have no other go than to approach the Court. No one, including GOD cannot predict as to what time it will take for the court case to come to an end. But that cannot be a reason for you not to approach the Court. If you want to claim your share in the property, you have to approach the Court, irrespective of the time the Court may take to decide the case.