Community › Forums › Legal Advice India › Can my sister claim her share in the parental house
- This topic has 28 replies, 17 voices, and was last updated 1 year, 4 months ago by
User_d61e49af.
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UUser_57c4fa65
PARTICIPANT
February 21, 2025 at 8:14 amI am writing to seek your legal advice regarding a family matter. I have power of attorney and am the sole beneficiary of my self acquired parental house in Delhi.My sister, who received a dowry and married the man she loved, has expressed feelings of jealousy towards me due to my career and living outside of India.
I am concerned that my sister may attempt to exploit my mother’s frequent visits to her and find a loophole to acquire the parental house. I am carrying the original registry and will, while my mother has photocopies. My cousin and maternal uncle are witnesses on the will.
Given these circumstances, I am worried that my concerns may be genuine. I would appreciate your guidance on whether my worries are justified and what preventive measures I can take to avoid any potential loopholes. Thank you for your time and consideration.
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UUser_7c4e0ed2
PARTICIPANT
February 21, 2025 at 8:22 amAncestral property? Yes. Parental property? Only if the parents want to.-
UUser_57c4fa65
OP
February 21, 2025 at 8:49 amItโs self acquired-
UUser_7c4e0ed2
PARTICIPANT
February 21, 2025 at 9:53 amThen I don’t believe she can lay claim to it. -
MMegautkarsh6607
PARTICIPANT
February 21, 2025 at 12:49 pmSelf acquired by parents means they still hold the right to it and can choose who they want it to transfer. Wills and power of attorney can always be changed till your parents are alive. Unless the property is registered on your name, your sister would always have a claim over it. -
MMegamaster2414
PARTICIPANT
February 21, 2025 at 12:51 pmSelf acquired by who? Whose name is on the title?-
UUser_57c4fa65
OP
February 21, 2025 at 7:41 pmmy mothers name. I gave money to my mother ( a portion) and it was registered in her name. It has been mentioned on the will that I contributed money for the house.
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AArushbear312
PARTICIPANT
February 21, 2025 at 8:25 amIf you have power of attorney why don’t you transfer it in your name. After your mother’s death that power of attorney has no value. And things will follow as per will given property belongs to ur mother. If it belongs to ur grandparents then she can claim her share.-
UUser_57c4fa65
OP
February 21, 2025 at 8:51 amBy transfer do you mean by get it registered on my name ?-
AArushbear312
PARTICIPANT
February 21, 2025 at 8:56 amYes
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UUser_57c4fa65
OP
February 21, 2025 at 8:50 amBy transfer do you mean get it registered on my name ? -
UUser_d61e49af
PARTICIPANT
February 21, 2025 at 9:03 amHow is parental house self acquired?-
UUser_777f6c1a
PARTICIPANT
February 21, 2025 at 10:12 amNAL
If his parents have bought the house by themselves, then it becomes self acquired property (to their parents)So self acquired properties donโt follow ancestral division laws
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UUser_d61e49af
PARTICIPANT
February 21, 2025 at 11:05 amThen the property was acquired by his parents and presently OP is worried that his sister might inherit the property of his parents right? To the best of my understanding power of attorney ceases to operate upon death of the issuer right? So the property will be jointly owned by all siblings.-
UUser_777f6c1a
PARTICIPANT
February 21, 2025 at 7:08 pmUnless Op transfers the house to himself using power of attorney as a gift deed-
UUser_d61e49af
PARTICIPANT
February 22, 2025 at 2:01 pmCan be challenged. Sister can always argue that the PoA was meant for temporary management and not permanent transfer. Could get dicey.
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IIndianshivansh3984
PARTICIPANT
February 21, 2025 at 9:28 amWhat is the nature of this property, and more importantly, who currently holds the title of the said property?If it is a self-acquired property, the title owner can, through valid means, transfer theย titleย toย you.
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LLavanyabro181
PARTICIPANT
February 21, 2025 at 9:33 amBest way is for your parents to gift it to you by registering a gift deed.Is it a registered POA, or If you use POA to transfer it to your name, she might go to court later stating poa was forged by you.
Best solution is gift deed. Even will is not fool proof.
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HHappymaster5148
PARTICIPANT
February 21, 2025 at 10:03 amSelf acquired parental house meaning you bought a house in Delhi for your parents? If that’s the case, I don’t think she has a share in it.-
AAbhijeetrider890
PARTICIPANT
February 21, 2025 at 12:57 pmSelf acquired by the parents
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UUrbanhawk2045
PARTICIPANT
February 21, 2025 at 10:27 amDumb question here: If OP’s parents have given the property to him(PoA and sole-beneficiary), why is he even bothered?-
UUser_d61e49af
PARTICIPANT
February 21, 2025 at 11:06 amPOA ceases once person who gave PoA dies. That’s why PoA is different from ownership.-
EExpertsachin5153
PARTICIPANT
February 21, 2025 at 12:45 pmPOA can also be revoked -
UUrbanhawk2045
PARTICIPANT
February 21, 2025 at 1:38 pmSo OP is afraid that the Will can be changed and PoA can be revoked. Got it. Thanks.
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UUser_d61e49af
PARTICIPANT
February 21, 2025 at 11:08 amNot legal advice but honestly OP sounds like a dick. Sister expressed jealousy towards me. Why? If you are doing so well abroad then why bicker over some silly property in Delhi? It seems like you want the entire inheritance and is worried that you will have to share. OP should express his concerns and make sure that a decision is taken ASAP.-
BBrightsharad5081
PARTICIPANT
February 21, 2025 at 12:17 pmOP is definitely an asshole who doesn’t want the sister to get her share of inheritance
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UUser_f378b8fd
PARTICIPANT
February 21, 2025 at 11:28 amGift deed. Transfer of ownership is the BEST solution in most of the property disputes. -
SSupernidhi1090
PARTICIPANT
February 21, 2025 at 12:30 pmOP, I don’t understand. Do you mean:A house purchased by you but where your parents live
or
A house that your parents purchased by themselves.
If it’s the latter, then they can do whatever they want with their house, leave it to whoever they want to leave it to in their will, it’s their house & their will, irrespective of how much dowry they gave for your sister. Even that was their money & they can chose what they want to do with it.
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UUser_ff3879a3
PARTICIPANT
February 21, 2025 at 12:53 pmCan a lawyer please take up the issue of OPโs family giving away dowry
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