Legal Question in Family Law in India
women right on mother's property
my mother was having land through settelement of her father's property.she was having title in her name and was enjoing the property till her death.at the time of death 3 legal heirs including my father.My father executed GPA to a third party stating in the document ''he is the legal heir of the deceived wife (no mention about the other legal heirs in the document and also any will if any executed by his wife)and since he is unable to maintain and also unable to sell the property '' he is giving all the powers to sell the property.The said GPA holder inturn sold the property to the 4th party and the same is registered.Kindly advice how to proceed legally. what is the chances of getting our share of (my brother and self) in the property?
Mrs.
9 Answers from Attorneys
Re: women right on mother's property
Sec 14, 15 and 16 of the Hindu Succession act deals with the womens property.
As per law youself, your brother and you father have equal rights over you mother's property as she died intestate under Sec 16 of the above act.
You father have no right to gave General power of attorney to sell or manage the property fell to your share and your brother.
The said General Power of Attorney executed by you father is valid, marketable and enforciable upto 1/3 share only i.e., your father's share and for the remaining extent i.e., 2/3 shere belongs to yourself and your brother is void and enforciable. You have to file suit for the same and for possession.
Re: women right on mother's property
you are entitled to your share in the property and have very fair chances of getting a favourable from the court.
Re: women right on mother's property
Sec 14, 15 and 16 of the Hindu Succession act deals with the womens property.
As per law youself, your brother and you father have equal rights over you mother's property as she died intestate under Sec 16 of the above act.
You father have no right to gave General power of attorney to sell or manage the property fell to your share and your brother.
The said General Power of Attorney executed by you father is valid, marketable and enforciable upto 1/3 share only i.e., your father's share and for the remaining extent i.e., 2/3 shere belongs to yourself and your brother is void and enforciable. You have to file suit for the same and for possession.
Re: women right on mother's property
as far as the property of a women it is her absolute property. after her death all her legal heirs husband , sons and daughters take equal share.
- the power of attorney does not have the absoulte right just like your father!
- consult a lawyer and issue a legal notice on all the parties concerned
- if you feel it is necessary file a criminal complaint
- file a for cancellation of the douciment
- also file a suit for declaring the sale deed null and void
Re: women right on mother's property
good afternoon
well in this case you can always file a case of fraud against other parties includes your father.
for further advice please contact personally along with the documents. advice charges are applicable
Re: women right on mother's property
You have a good chance to win.Get the sale deed declared null and void and pray for partion of property as per WILL.consult a lawyer with details.
Re: women right on mother's property
You had very fair chances of getting your share. only problem could be, not necessarily, the limitation. You have not mentioned the dates, which are very vital. You should file a suit for partition i.e. sepration of your share. Your father can not convey more than what he himself has. so no need to worry.
Re: women right on mother's property
You alongwith your brother can claim your due share by filing case against your father impleading the GPA, and the buyer. You both have to prayed for the cancillation of sale documents executed by your father through his GPA. For further query contact me
Re: women right on mother's property
file the case of fraud against ur father and other parties.
there may be many other things involved as he probably dint take probate or succession.
For further and detailed advice please contact personally alongwith documents. Consultation charges apply.
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