Daughter right in property acquired by father

the amendment is with regards to ancestral property. if the property is self acquired through a valid sale deed and the owner passed away without making a will, all children along with wife and mother (if alive) are class I heirs and have equal shares. please engage an able counsel to enforce your rights.

Show the POA to a very able counsel specializing in revenue/property/civil matters.

Usually the POA is dead with death of concerned party.

Daughter has equal share in self acquired property of father.

 

Daughter has equal share in wealth of father.

The document based on which mr X originally got the title cant be just a POA. If it is just a POA, his title is imperfect and holds no legal validity.If however its a POA /Agreement to Sell/Will/Receipt/.Posession letter chain of documents, then the same shall entitle him to a valid title as held in the judgement of the apex court in Suraj Lamps vs state of haryana. You may have the documents reviewed by any competent attorney.

Let us assume that the title is perfect, so as to enable us to answer your second query. In case the title is perfect, then the daughters can surely ask the brother/son to transfer the title. If he does not comply, anyone of them, may file a partition suit to enforce their shares.

And no the amendment shall not apply in this case, as the said amendment is with respect to ancestral property and not self acquired property.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Thank you for the valuable comments. Its really helpful.

It is good to see that some querist come back to thanks the members/experts.

 

You are welcome.

      Amended 2005 HSA applies to Ancestral  property. In  which case sons and daughters,get equal shres As  copparcenars. But your FATHER DIED INTESTATE LEAVING BEHIND HIS SELF ACQUIRED PROPERTY IN WHICH CASE SONS, DAUGHTERS, MOTHER , WIFE  WOULD GET EQUAL SHARES AS CLASS 1 HEIRS. iF  YOU APPRECIATE THIS ANSWER PLEASE CONVEY MY FORUM THANKS BY CLICKING THANKS.