Ancestral property
sneha
(Querist) 17 March 2013
This query is : Resolved
A Power of attorney has been executed by father and only son in favour of a Builder to sell the said ancestral property and subsequently the said ancestral property has been sold and Patta has been received by the recent purchaser.
Father has two minor daughter which has been not mentioned in POA.
whether the person can execute POA without taking into consideration of two minor daughters ?
Whether two minor daughter can elegible for their right in this claim ?
What about after three years, whether they can claim or not ?
Devajyoti Barman
(Expert) 17 March 2013
Yes, they can later claim their share within three years after attaining majority.
prabhakar singh
(Expert) 17 March 2013
The said sale would not be binding on minor daughters.
Anirudh
(Expert) 17 March 2013
Dear Sneha,
Just because you understand that the property to be "Ancestral" may not be sufficient. As many persons get themselves confused as to what is an "Ancestral property", there is a need to first confirm that the property that you are talking about is truly "Ancestral" in nature.
Therefore, first and foremost, please give details about the property - to come to the conclusion that it is "ANCESTRAL".
Otherwise, whatever answers that you get may or may not be correct. (The experts here give their answers taking your statement to be true. But if the basic fact is wrong, their answers may not hold good).
R.K Nanda
(Expert) 17 March 2013
no more to add.
Raj Kumar Makkad
(Expert) 17 March 2013
I strongly do endorse the views of Anirudh.
sneha
(Querist) 17 March 2013
The said property has been acquired from grand father to his only son so it must be ancestral one and in the POA also it has been clearly mentioned as Ancestral property.
Raj Kumar Makkad
(Expert) 18 March 2013
If the property is ancestral then the consequences thereto as explained above shall follow.
prabhakar singh
(Expert) 18 March 2013
Did you mean to explain that property was inherited from your grand father by your father and you trio were born in the life time of your grand father?
Anirudh
(Expert) 18 March 2013
In which year was the property acquired by the grand father in the name of his only son?
sneha
(Querist) 18 March 2013
Yes it was inherited from my grand father to my father and we trio were born.
sneha
(Querist) 18 March 2013
Is there any act by Govt. Of India.
prabhakar singh
(Expert) 18 March 2013
WHAT sneha WANTS TO ASK NOW?
ARE YOU TALKING OF HINDU SUCCESSION ACT?
ACTS ARE DEED OF LEGISLATURE AND NOT OF GOVERNMENTS.
