Who gets the property?

After death of your mother, the property vests in favour of all siblings including your father in equl share and not excllusively in favour of your father. setter do not get special status.

You all can cancel your POA given in favour of your father can obtain a stay order from civil court not to dispose off those properties.

Thank you very much for your reply Raj Kumar.

The intention here is to get back the property to my father and let him decide how he wants it to be shared amoung the siblings. For now, I want my father to have the hold on when he can dispose it - not simply from siblings pressure the property should be disposed. Is there a way my father gets the hold back? Just because the sliblings are in the legal heir doesn't mean that the siblings got the property ownership yet - am I right? My father can put a stay on legal heir certificate and claim that the property belongs to him - he just gave settlement to his wife and since his wife passed away, the settlement should get invalidated and the property should come back to him. Is this a valid argument/say?

I agree with mr.Raj kumar makkad.

Hi Mahesh,

When a woman dying intestate leaving an estate.  Three things must be seen:

1.  Whether it is self- acquired property?

2.  Whether it is gifted by the parents to the woman?

3.  Whether it is gifted by the husband of the woman?

In case of (1), the property of properties acquired by a woman, then the properties would devolve upon on her legal heirs viz., children and husband is coming under the Class-II legal heir

In case of (2), the property would devolve upon on her legal heirs viz., children and in the absence of the children, it would develop upon the parents of the deceased woman and it will not devolve upon the husband even in his presence.

In case of (3), the property would develop upon the husband and well the children and this is your scenario

You said that there are 5 members including your father.  You said that all the children had given a power of attorney to your father for disposing the property. 

As stated by Mr. Rajkumar Makkad, first of all, you must cancel and revoked the power of attorney given to your father immediately and to get stay from the appropriate court.