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Dipankar Sarkar (PSA)     29 April 2010

Daughters right to property

My maternal grandfather passed away about 30 years back without leaving behind any will. He was survived by his wife, four sons and three married daughters. Subsequently his wife passed away a few years later. 

A Power of Attorney was taken from the three daughters by the sons  about 15 years back.

It has now recently been learnt that some of my grandfather's property has been sold off by the sons and no share from the proceeds of the sale has been handed to any of the three daughters. 

It has also been informed by the sons that the remaining property is now proposed to be divided amongst the four sons without any share being given to the daughters because according to them the rights to the property has been given to them in writing by my late grandmother although no intimation about the same has ever been made either verbally or writing to any of the daughters till date.

I would like to know, under these circumstances what are the legal options and the process for getting the rightful share of the daughters to their father's property.

Thanking you in advance.

 

 

 



Learning

 3 Replies

AMOL (Lawyer)     30 April 2010

At first there is no partition between your uncles and the married daughters including your mother, POA is not a partition deed, u can cancell that POA with the help of your other aunts. U i.e your mother can file a suit for partition and get her share separated. Also get a declaration that the sale deed executed by your uncles is null and void and not binding on the sisters as it was not made with their consent.

Dipankar Sarkar (PSA)     30 April 2010

Thanks for your reply.

I would like to know, the procedure for cancelling a registered POA.

Also, pl advice on how to get a declaration that the sales deed executed by my uncles without my mother's and aunts' consent is null and void.

T.Goverdhan (Retired Govt.Officer.A.P.)     20 June 2010

my wife is one of the legal heir of 2sons and 2daughter and my father in law died 2 years ago leaving a landed property at hyderabad .we are married in the year1970.is my entitled equal share as that of sons in the property.


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