Legal - My father died when I was 12yrs old
7 months ago
My father died when I was 12yrs old, now I have my self acquired property in delhi and POA of that property is my wife now my elder brother us asking for partition of that property. What can we do?
A.Dear Client
It is not clear from your query as to against what property your elder brother claims for partition. He can not claim share or partition of your self-acquired property. However, if your deceased father left any property intestate which is occupied by you, then your elder brother can claim a share of that property following the law of inheritance and seek partition of that property.
It is not clear from your query as to against what property your elder brother claims for partition. He can not claim share or partition of your self-acquired property. However, if your deceased father left any property intestate which is occupied by you, then your elder brother can claim a share of that property following the law of inheritance and seek partition of that property.
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A.Dear Client,
Ownership and Self-Acquired Property:
Self-acquired property is generally considered the exclusive property of the person who acquired it. In your case, if you have acquired the property in Delhi, and it is solely in your name, it is considered your self-acquired property.
Power of Attorney (POA):
If you have given your wife a Power of Attorney for the property, it means she has the authority to act on your behalf regarding the property. However, a Power of Attorney typically doesn't transfer ownership rights but only grants the authority to manage or transact on your behalf.
Partition Rights:
Under Hindu law, a coparcener has the right to seek partition of ancestral property. Ancestral property typically includes property inherited up to four generations of male lineage. Self-acquired property, on the other hand, can be disposed of or managed by the owner as they see fit.
Consult a Legal Professional:
To understand your specific rights and options regarding the partition of your self-acquired property, it is advisable to consult with a qualified attorney. They can review the specific details of your case, including the nature of the property and the legal implications of the Power of Attorney, and provide guidance accordingly.
Mediation or Negotiation:
Depending on the family dynamics and your relationship with your elder brother, you may explore the possibility of reaching an amicable resolution through mediation or negotiation. This can help avoid protracted legal disputes that can be emotionally and financially draining.
Legal Action:
If a resolution cannot be reached through negotiation, and your elder brother insists on pursuing partition, you may need to defend your rights in court. Your attorney can help you understand the legal process and represent your interests in any legal proceedings.
Document Preservation:
Ensure that you have all relevant documents related to the property, including property deeds, title documents, and the Power of Attorney. These documents will be crucial in any legal proceedings.
Estate Planning:
It's also a good idea to consider estate planning to clearly outline your wishes regarding your self-acquired property. This can help prevent disputes in the future and ensure your property is distributed according to your wishes.
Remember that property laws can be complex and can vary depending on your specific circumstances and the jurisdiction in which the property is located.
Thank you.
Ownership and Self-Acquired Property:
Self-acquired property is generally considered the exclusive property of the person who acquired it. In your case, if you have acquired the property in Delhi, and it is solely in your name, it is considered your self-acquired property.
Power of Attorney (POA):
If you have given your wife a Power of Attorney for the property, it means she has the authority to act on your behalf regarding the property. However, a Power of Attorney typically doesn't transfer ownership rights but only grants the authority to manage or transact on your behalf.
Partition Rights:
Under Hindu law, a coparcener has the right to seek partition of ancestral property. Ancestral property typically includes property inherited up to four generations of male lineage. Self-acquired property, on the other hand, can be disposed of or managed by the owner as they see fit.
Consult a Legal Professional:
To understand your specific rights and options regarding the partition of your self-acquired property, it is advisable to consult with a qualified attorney. They can review the specific details of your case, including the nature of the property and the legal implications of the Power of Attorney, and provide guidance accordingly.
Mediation or Negotiation:
Depending on the family dynamics and your relationship with your elder brother, you may explore the possibility of reaching an amicable resolution through mediation or negotiation. This can help avoid protracted legal disputes that can be emotionally and financially draining.
Legal Action:
If a resolution cannot be reached through negotiation, and your elder brother insists on pursuing partition, you may need to defend your rights in court. Your attorney can help you understand the legal process and represent your interests in any legal proceedings.
Document Preservation:
Ensure that you have all relevant documents related to the property, including property deeds, title documents, and the Power of Attorney. These documents will be crucial in any legal proceedings.
Estate Planning:
It's also a good idea to consider estate planning to clearly outline your wishes regarding your self-acquired property. This can help prevent disputes in the future and ensure your property is distributed according to your wishes.
Remember that property laws can be complex and can vary depending on your specific circumstances and the jurisdiction in which the property is located.
Thank you.
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