No the daughters cannot claim right if father died before 2005 and the Girl has been married before that.According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father's HUF and can even be appointed as 'karta' (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.

No the wives cannot claim the share in husbands property.

No the Consent of Daughter in Law is not required.

Yes POA can be given but daughter in law has no role to play in property of father In law.

the sale deed is valid again same daughter in law cannot claim succession rights under hindu succession act.

No the daughter in Law Cannot file a Suit for cancellation of sale deed.

If the title of the property is clear that is it is mutated in name of legal heirs than by way of unregistered family POA property can be transferred by all sons and mother together no daughter in law and daughter consent required in your case.

Daughter In Law does not have right so she cannot sue for father In Laws property as there is no will either in name of daughter in laws.

The validity of POA can be challanged as it is unregistered by the son or the mother or any other party to transfer.

Hi,

Following are answers to your questions:

1.Can daughters claim share in the self acquired property of their father and sell thier fathers' self acquired property in June 2008? Yes they may do so if there in no objection from their hairs

2.Do the wives of sons can claim property rights in their respective husbands' share? Yes if Husband is expired.

3.Do consent of daughters - in - law is necessary to sale of self acquired property of their father - in - law? Yes if they are the hairs.

4.Can Mother of all 5 (3 daughters and 2 sons), execute power of attorney together with other 4 and give authority to one son bypassing two daughters - in - law for sale of self acquired property of her husband? No

5. What's the status of sale deed executed, If 2 daughters - in - law are not given their consent and not party to sale? Simply invalid

6.Can any one of daughters - in - law file suit for cancellation of sale deed and reclaim the property sold in June 2008? yes she can

7.On the basis of unregistered but notarised general power of attorney executed by mother and 1 son together with 3 daughters on Rs 50.00 non judicial stamp paper in favour of one son, is enough for sale of self acquired property of their father? In the said power of attorney, 2 daughters - in - law are not party. The property first be transferred to the name of hairs ( you can only sell what you have)

8. The fact that self acquired property of their father had been sold by 1+5 (mother and 3 daughters and 2 sons), understood by one daughter - in - law recently in 2017, when there was dispute between the 3 daughters and mother with the attorney in terms of money distribution. Other daughter - in - law was aware of the fact right from the beginning, and now she is silent because the sale has been done by her husband only. Entire money from sale proceedings eaten by attorney holder.

9. Is there any merit in filing criminal suit against all parties excluding husband of one daughter - in - law? yes they made the transfer without the proper POA and ownership. A Criminal Complaint case for 420, 506 of IPC may be filed against all.

10. Husband of one daughter - in - law is mentally unstable but not mad or halfmad. : he have nothing to do in this case.

Daughters have equal share in property

2) daughter in law has no share in property

3) consent of DIL not required for sale of property

4) DIL cannot file suit to set aside sale deed

5) MOther abd other legal heirs can execute POA in favour of son

6) POA should be registered . Notarised POA is not sufficient for sale of property

1) After father all his legal heirs are equal sharer in the property as per hindu succession act.

2) Daughter - in - law share arises only when her husband is not alive. If her husband means deceased father's son is alive she doesn't have any rights in the property and couldn't sale property.

3) If all legal heirs are alive, including both sons, than daughter -in-laws doesn't have any share in the property and could not hold any rights in it.

1. Daughters can claim equal share on their father's self acquired properties who died intestate,

2. The wives of the sons can not claim any share of their husband's share during their husband's lifetimes.

3. The consent of the daughters in law are not required while dealing with the said property if the sons are alive.

4. The legal heirs only shall get the shares of the property and DILs are not the legal heirs if their husbands are alive. So, POA can be executed by the legal in favour of any one they feel like without asking the DILs.

5. The status of the sale deed registered by all the legal heirs will be absolutely valid and the question of involving the DILs does not arise at all legally.

6. Such suit filed by the DILs will not have any legal leg to stand.

7. The sale through the POA is valid. They should collect the legal heir certificate from the local Municipal Corporation through their ward counselor or the Tehsilder to be perfect in the deal. DILs have no roles to play here.

8. If any unscrupulous act or act of cheating has taken place while conducting the said sale, the other legal heirs can sue the POA holder for breach of trust. However, the DILs are not the concerned parties in the instant matter.

9. No the said DIL has no locus standi in the subject matter.

10. This important point you are stating at last which will change the entire matter. If her husband is incapable of entering in to any deal or agreement, she, as her legally wedded wife, can approach the Court seeking justice but her grievance shall have to be confined to the allegation of cheating or depriving her mentally incapable husband.

Dear Sir,

Your questions are answered below:

Can daughters claim share in the self acquired property of their father and sell thier fathers' self acquired property in June 2008?

Ans: Yes, even daughters can claim equal share along with sons and mother.

Do the wives of sons can claim property rights in their respective husbands' share?

Ans: Wife as no share except maintenance and alimony in case of divorce.

Do consent of daughters - in - law is necessary to sale of self acquired property of their father - in - law?

Ans: It depends upon mentality of purchaser but to avoid future complications on the death of son/husband the signature of daughter-in-law is necessary.

Can Mother of all 5 (3 daughters and 2 sons), execute power of attorney together with other 4 and give authority to one son bypassing two daughters - in - law for sale of self acquired property of her husband?

Ans: It can be done if purchaser accepts such transaction because in future daughters may approach the Court for their share. Further from 2011 GPA sells are not recognized as per the Supreme Court Judgment but if purchaser is ready then sale may be made by one son after taking consent of other co-owners. For more details contact me.

What's the status of sale deed executed, If 2 daughters - in - law are not given their consent and not party to sale?

Ans: It is valid sale deed until and unless daughters approach Court and get such sale deed cancelled. During such proceedings the sons may take contention that the shares of daughters were already settled during the time of their marriage by giving cash and gold in lieu of their respective shares. Usually such suits filed by daughters ended in dismissal after prolonged litigation of period of 10 years.

Can any one of daughters - in - law file suit for cancellation of sale deed and reclaim the property sold in June 2008?

Ans: If daughter-in-law has minor son then she can file a suit for partition if she is residing separately with her husband.

On the basis of unregistered but notarised general power of attorney executed by mother and 1 son together with 3 daughters on Rs 50.00 non judicial stamp paper in favour of one son, is enough for sale of self acquired property of their father? In the said power of attorney, 2 daughters - in - law are not party.

The fact that self acquired property of their father had been sold by 1+5 (mother and 3 daughters and 2 sons), understood by one daughter - in - law recently in 2017, when there was dispute between the 3 daughters and mother with the attorney in terms of money distribution. Other daughter - in - law was aware of the fact right from the beginning, and now she is silent because the sale has been done by her husband only. Entire money from sale proceedings eaten by attorney holder.

Is there any merit in filing criminal suit against all parties excluding husband of one daughter - in - law?

Ans: Yes, you can file a criminal case. For more clarifications I need to clarify several points, please visit my office.

The transaction is valid.

The GPA is acted upon and the sale deed registered in the name of the purchaser and so far no one has challenged the GPA.

Except for the stamp duty on the GPA the seller can not claim any thing, the sale is in the year 2008 and the purchaser can not challenge the sale deed on laps of 10 years, even they claim they may not succeed in the case.

Hi,

The daughters claim share in the property of their father. The wives of sons can also claim property rights in their respective husbands' share. The consent of daughters - in - law is not necessary for sale of self acquired property of their father - in - law. The mother of all 5 (3 daughters and 2 sons), may execute power of attorney together with other 4 and give authority to one son but not bypassing two daughters - in - law for sale of self acquired property of her husband. If 2 daughters - in - law are not given their consent and not party to sale, their share can be claimed by them. They can file suit for cancellation of sale deed and reclaim the property only withing 3 years. On the basis of unregistered but notarised general power of attorney executed by mother and 1 son together with 3 daughters on Rs 50.00 non judicial stamp paper in favour of one son, is not valid for sale of self acquired property of their father.

Can daughters claim share in the self acquired property of their father and sell thier fathers' self acquired property in June 2008?

Since their father died intestate, the property devolved equally on all his legal heirs, the daughters are one among the legal heirs, hence they are entitled to their legitimate share in the property left behind by their father.

Do the wives of sons can claim property rights in their respective husbands' share?

NO, not during the lifetime of their respective husbands.

Do consent of daughters - in - law is necessary to sale of self acquired property of their father - in - law?

No, it is not necessary.

Can Mother of all 5 (3 daughters and 2 sons), execute power of attorney together with other 4 and give authority to one son bypassing two daughters - in - law for sale of self acquired property of her husband?

Yes, she can

What's the status of sale deed executed, If 2 daughters - in - law are not given their consent and not party to sale?

Legal and valid

Can any one of daughters - in - law file suit for cancellation of sale deed and reclaim the property sold in June 2008?

Even if they file, it is not maintainable especially when their respective husband are living.

On the basis of unregistered but notarised general power of attorney executed by mother and 1 son together with 3 daughters on Rs 50.00 non judicial stamp paper in favour of one son, is enough for sale of self acquired property of their father? In the said power of attorney, 2 daughters - in - law are not party.

The power of attorney deed should be a registered document otherwise it is not valid.

Dear Client,

All legal heir will in heirs share by equal proportion i.e. 1/6 each.

Daughter in laws have no say in the property, except it she is widow than her husband share will devolve in her.

The right to apply is a continuous right which is capable of being exercised as long as the property exists.

On the basis of unregistered but notarised general power of attorney executed by mother and 1 son together with 3 daughters on Rs 50.00 non judicial stamp paper in favour of one son, is enough for sale of self acquired property of their father? In the said power of attorney, 2 daughters - in - law are not party. -- valid sale.

No criminal case.