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[donough]

Hindu married daughter’s right on ancestral property – Misuse of power of attorney given in favour of mother-in-law



We belong to Hindu religion. My wife’s family consists of 3 daughters, and a son. All of them are married. Their ancestral property consists of about 8 acres of prime land in the heart of the district headquarters. My father-in-law died a few years ago.

A few years ago, my father-in-law’s 4 sisters filed case for property rights which was ultimately settled outside the court. My wife had given power of attorney in favour of my mother-in-law in 2006, which was ostensibly obtained for selling a portion of the property to pay the settlement dues to the 4 sisters of my father-in-law. However, my mother/brother-in-law misused that power of attorney to make partition of the property among himself, mother-in-law, my wife & two sisters. This is done with the full knowledge and consent of my mother-in-law. My mother-in-law, brother-in-law, my wife’s aunt, and my wife’s two sisters have signed in the partition documents. My mother-in-law signed it on behalf of my wife on the strength of that above mentioned power of attorney.

As per partition documents, only 10 cents each (about 4300 sq.ft.) have been apportioned to my wife and two sisters; 120 cents and the ancestral house to mother-in-law; 25 cents to a maternal aunt; and the rest of the property, which is about 6 acres, to my brother-in-law. A few months/years ago, mother-in-law had transferred the entire property in her name to my brother-in-law. A few months ago, she had also transferred the ancestral house to my brother-in-law. When questioned about the whole thing, both of them claim that my wife and her two sisters were given property as per their right and they have no further right on the ancestral property. I feel that my wife and her two sisters have been cheated as the lion’s share of the ancestral property has been apportioned to my brother-in-law by unfair means cheating my wife and her two sisters.

1. What is the legal position in this case?
2. What is the legal right of the daughters in the ancestral property?
3. What is the legal right of the daughters in their mother’s property?
4. What is the legal position to transfer the ancestral property to the existing members of the family?
5. What is the legal remedy to ascertain the legal rights of my wife and her sisters on the ancestral property?
6. Whether my wife can seek legal means against the misuse the power of attorney by my brother-in-law to apportion the entire ancestral property?

- dev

[thacher]

The property being ancestral one only your Father in Law's share devolves on each living member of the family equally. Your mother in law by virtue of Power of attorney is only authorised to act as an Executor and obtain probate in respect of the properties. She can not distribute the property according to her own wish. whenever there is a transaction,it is mandatory for the buyer to Advertise at least in Two Local News Papers to enable any contestants to lodge their claims. You should have done the same. within the stipulated time. However you can consult a lawyer and claim your proper share,Try to settle the issue amicably