1.First get relinquishment deed done by the sisters and mother present in india by which yu would become 4/5th shareholder in the proeprty left by your father.

2.Now for the sister living in Australia she need to execute a notarised POA sitting in Australia / Once the said notarised copy reaches in India through post you need to get Adjudicated it in local Collectorate.

3.Now the Attorney mentioned in the POA can on behalf of the said sister can transfer her share in your favour.

4. If the proeprty eft by father is not ancestral but his selfacquied then year of his death makes no difference as far as right of equal share on the daughter is concerned.

1. The sister who resides in Australia may execute a General Power of Attorney (GPA) in favour of either her mother or any of her sisters in India to authorize the execution of the relinquishment deed for and on her behalf.

2. The said GPA has to be attested at Indian Consulate in Australia.

1. The 2005 amendment applies to only ancestral property, not the self acquired or separate property of the father. If this was the self acquired property or separate property of your father then all the children of your father along with his widow have equal shares therein. The 2005 amendment does not apply in the first place.

2. Unless all the other heirs execute a relinquishment deed in your favour you cannot become the absolute owner of the property.

second sister can execute specific POA in favour of your mother to execute relinquishment deed on her behalf

2) POA should be attested before indian consulate

3) then your mother can on your sister behalf execute Relinquishment deed

the Hindu succession amendment act 2005 gives daughter equal share in ancestral property if father died after 9th September 2005

daughters have equal share in father self acquired property

your sister has equal share in deceased father self acquired property

apply for letters of administration as father died intestate

your mother and your siblings can execute consent affidavit

you would get LA in 6 months if there is no contest

1. Then the other heirs are free to relinquish their shares in your favour. Once they execute the relinquishment deed then you can apply for mutation.

2. However, you will not become the absolute owner of the property unless the sister in Australia also executes the relinquishment deed.

Then enjoy the property till she comes with claim for her sahre.

1. As it is your fathers property and without WILL, release deed from all will be good enough and get it registered.

2. She do have rights as father died after 2005 and action likely to take place now in the form of release deed.

3. All daughter's are entitled as father died in 2013.

4. Self acquired doesn't make difference. She must sign or chances are she may challenge in future.

In order to avoid complications, try to get her consent, then you are the owner forever.

Yes, she would be having all the rights in the property whether she married before or after 2005, what matter is that when did your father died.

But, all these in ragard to the anscestral property only not in your case as you mentioned it was your father’s self acquired property.

In self acquired property all of you would be having equal share irrespective of the marriage or death of your father.

Dear Client,

Why don't u check/verify where`s ur sister. Complain to authorities. Ministry of External Affairs.

Get relinquishment from available members, and wait for her.

If she consents, fine, call her or get her POA in other sister name and get deed execute.

Dear,

In case your sister in Australia agrees to relinquish her share in your favor, she can execute a Special Power of Attorney in your favor which can be presented in India (Hyderabad). You have to prepare a Special Power of Attorney in India on Rs.100 Stamp Paper and post it to your sister for her signature and notarization. Ask your sister to notarize the Special Power of Attorney through Indian Consulate in Australia and after notarizing it, ask her send it to you which you can present in India before the sub registrar's office if ever you wish to sell the property.

Your sister, if ready and willing to relinquish her rights in the property in your favor, she may send a power of attorney deed duly executed in that country and notarised by a notary of that country in favor of any one of the sisters of your mother, who can execute a joint registered relinquishment deed on her behalf too in your favor.

Diving sister who stays in Australia do not have any contacts with any of us. We have only brother in law email I'd and sent several mails requesting to provide sister contact number and address. He had not responded. True to reach his official ID and he left the organisation w.e.f 1st Nov and his colleagues also do not have there contact details. My father died after 2005 that is 2013 and she got married before 2005. Legally do she had rights as per amendment made on Nov 2005.

Your sister is having rights in the proerty that belonged to your deceased father who is reported to have died intestate, as a legal heir or successor in interest.

You cannot ignore or deprive her rights in the property.

If you are not able to contact her or not able to get her address or contact details, you may have to forego acquiring her share in the property, her share of property will remain as it is, you can acquire only the share of other co-sharers who are willing to relinquish their rights in your favor.

Subsequently you can file a partition suit and get the property partitioned and take separate possession of your share in it.

Hindu Succession Amendment Act , 2005 states that the daughter is allotted the same share as is allotted to a son;

The daughter can claim the property if father died after 9th September 2005.

And the daughter can not claim the property if the father died before 9th September 2005 and if the daughter married before 2005 then daughter can not claim over the property.

Is this is applicable in both sister who got married before 2005.

You have misread the law and probably you have either been misguided or you have misinterpreted the law. Your notion and understanding in this regard is incorrect.

The law what you mention is for coparcenary rights only and not the daughter's rights in her father's properties.

This property is your father's property and not ancestral property hence that law is not applicable to this situation.

1.It was my father self aquire property.

2.Sister in Australia not contactable to any one of us since 03 years. Even tried to reach my brother in law in his email I'd but there is no response since 15 days.

Then the property shall devolve equally on all his legal heirs,.

If you are not able to contact her or not able to get her address or contact details, you may have to forego acquiring her share in the property, her share of property will remain as it is, you can acquire only the share of other co-sharers who are willing to relinquish their rights in your favor.

Subsequently you can file a partition suit and get the property partitioned and take separate possession of your share in it.

Since you are not able to contact your sister, you may adopt one means to get the notice published in widely circulated newspaper of Australia/ of her last known address. You make take help of Indian Embassy/office in Australia. If no response comes, her share may be treated as relinquished.