Ancestral property gpa , daughter's right
Harpratap
(Querist) 22 April 2021
This query is : Resolved
Dear Lawyers,
I have a question regarding the ancestral property.
My NANA is having ancestral land in Haryana and he is not giving any share to my mother.
From the beginning, he has the thinking to give all the ancestral land to sons and not to daughters.
Today we came to know that my NANA made a registered power of attorney and gave all the rights to my MAMA including RIGHT TO SELL in the ancestral property in 2010.
Now NANA IS living as of now.
We are HINDU
The ancestral land is in the name of my NANA only, the GPA IS IN THE NAME OF MY MAMA.
MY QUESTIONS ARE:-
1. MY NANA HAS DONE GPA IN THE NAME OF MY NANA IN 2010, IS IT EQUIVALENT TO SALE?
CAN MY MAMA SELL THE ANCESTRAL LAND TO ANYONE.
2. MY MOTHER WANTS HER SHARE IN THE ANCESTRAL LAND , WHICH CASE SHE SHOULD FILE TO GET HER SHARE ?
3. CAN MY MOTHER TAKE THE SHARE IN ANCESTRAL LAND , BEFORE THE DEATH OF MY NANA?
Pls Advice , What should I do?
Advocate Bhartesh goyal
(Expert) 22 April 2021
When the property is in your Nana's name then how it is ancestral please clarify.
Pradipta Nath
(Expert) 22 April 2021
1. GPA is not equivalent to sale. In case the land is ancestral, it cannot be sold without the approval of all co-owners.
2. File a partition suit including an injunction to stop the sale, before serve a legal notice.
3. You need to justify before the Court that the property is not self acquired and is an ancestral, then only your mother will have a locus standi to demand her share.
kavksatyanarayana
(Expert) 22 April 2021
You stated in the heading of the query, it is an ancestral property, but the property is in the name of your NANA, which is correct? If the property is an ancestral property, then your mother will also have a right to the property and she may file a partition suit by consulting a local advocate. If it is your NANA's self acquired property, no one has right over the property and he can do as he wishes.
Dr J C Vashista
(Expert) 23 April 2021
GPA can be granted by your NANA to anyone including your MAMA, which is an authorisation by your NANA to do some action(s) on his behalf and the same is totally different to Sale Deed.
The attorney (MAMA) can sell share of your NANA on the basis of GPA.
Your mother has an equal share as other siblings + one share of her parents in her ancestral property for that she has to file a suit for partition, possession and mesne profits through a local prudent lawyer.
Asgher Mahdi
(Expert) 23 April 2021
Point No:1. No , Mama cannot sell it considering that GPA as Sale agreement since the executant of GPA has a right to revoke it at any time. Who knows, he had revoked it or not. Further, the executant of another act make the GPA powerless.
Point No:2. Your mother need to file partition suit to claims her right on behalf of her.
Point No:3. She can claim
P. Venu
(Expert) 24 April 2021
Facts posted does not suggest the property to be ancestral. As such, any legal action either seeking partition or challenging the grant of GPA would only lead to antagonising the NANA and may lead to situation where there would be no intestate property, which your mother could rightfully inherit, after the NANA's lifetime.
