hindu law daughter property share

She can file a suit for partition.

Hi Archana,

Thanks for your reply. Sorry I can't understand your advice. Can you pls advice, whether she is eligible to get share for this kind of property.

regards,
Raj

Your wife and her sister can claim their share by way of partition. She can issue notice and claim her share which is equal to her brother's share. If they deny then file a suit for partition and seperate possession of her share.
 

Hi Archana,

Thanks for your instant reply. Is it ok to issue notice, since her father already given power of attorny to his son. Do she still got hold in the property ?

Also how long this process will takes if we file a suit.

regards,

Raj

Giving power of attorney to one sharer does not extinguish the right of other co-sharers. Try to settle the matter amicably if you can, else issue a legal notice.

Hi Archana,

Thankyou. I will try to settle it amicably. But incase if i needs to issue legal notice, how can I issue. As myself and my wife are living in abroad and her brother also in abroad with family. How can she issue legal notice to whom to which address. Can we issue a legal notice to her father. Who is the right person in this scenario.

regards,

Raj

Shr should issue the notice to her father on his address.

Hi,

Since his brother has already have the POA, is it possible for him to sell the property or to transfer the property his wife or other's name ?

regards,

Raj

Hi,

Since her brother has already have the POA, is it possible for him to sell the property or to transfer the property his wife or other's name ?

regards,

Raj

Dear Thiagrajan,

The law in respect of Partition changed by way of an amendment in Hindu Succession Act in 2005, wherein the even the married daughters have been provided with equal share in ancestoral property. As far as your case is concerned it clearly falls within purview of the said amendment and you wife has equal right available in her father's property. Try to settle the issue with your brother in law else file a suit for partition. The power of attorney gives power to delegate the property but such documents can't really override a right which has been provided by the Act. Take prompt action and you will definitely get a relief.

Regards,

Rajiv Kumar Dubey, Advocate

Hi Rajiv & Archana,

Thanks for the advice. Can you also pls advice what hold is there at his (brother in law) side. Any advantages he have now to avoid equal shares since he holds POA.  POA is valid for certian period and what is his next step (can you guess based on your experience).

regards,

Raj

He may try to sell of the property on the basis of the POA. Issue a public notice, no one should deal with him in respect of the properties as you have a share in it and such transactions shall not be binding upon you.

Can he able to sell the property or transfer based on POA. If he sell or transfer the property without the knowledge of his sisters. Did law permits to take any action on him at that point of time. Pls advice.