Can my sister claim her share in the parental house

Community Forums Legal Advice India Can my sister claim her share in the parental house

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    • #50349 Reply
      User_57c4fa65
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        User_57c4fa65
        PARTICIPANT
        February 21, 2025 at 8:14 am
        I 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.

      • #50361 Reply
        User_7c4e0ed2
        Participant
          U
          User_7c4e0ed2
          PARTICIPANT
          February 21, 2025 at 8:22 am
          Ancestral property? Yes. Parental property? Only if the parents want to.

          • #50367 Reply
            User_57c4fa65
            Participant
              U
              User_57c4fa65
              OP
              February 21, 2025 at 8:49 am
              Itโ€™s self acquired

              • #50374 Reply
                User_7c4e0ed2
                Participant
                  U
                  User_7c4e0ed2
                  PARTICIPANT
                  February 21, 2025 at 9:53 am
                  Then I don’t believe she can lay claim to it.

                • #50373 Reply
                  Megautkarsh6607
                  Participant
                    M
                    Megautkarsh6607
                    PARTICIPANT
                    February 21, 2025 at 12:49 pm
                    Self 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.

                  • #50372 Reply
                    Megamaster2414
                    Participant
                      M
                      Megamaster2414
                      PARTICIPANT
                      February 21, 2025 at 12:51 pm
                      Self acquired by who? Whose name is on the title?

                      • #50376 Reply
                        User_57c4fa65
                        Participant
                          U
                          User_57c4fa65
                          OP
                          February 21, 2025 at 7:41 pm
                          my 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.

                  • #50360 Reply
                    Arushbear312
                    Participant
                      A
                      Arushbear312
                      PARTICIPANT
                      February 21, 2025 at 8:25 am
                      If 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.

                      • #50366 Reply
                        User_57c4fa65
                        Participant
                          U
                          User_57c4fa65
                          OP
                          February 21, 2025 at 8:51 am
                          By transfer do you mean by get it registered on my name ?

                          • #50371 Reply
                            Arushbear312
                            Participant
                              A
                              Arushbear312
                              PARTICIPANT
                              February 21, 2025 at 8:56 am
                              Yes

                        • #50359 Reply
                          User_57c4fa65
                          Participant
                            U
                            User_57c4fa65
                            OP
                            February 21, 2025 at 8:50 am
                            By transfer do you mean get it registered on my name ?

                          • #50358 Reply
                            User_d61e49af
                            Participant
                              U
                              User_d61e49af
                              PARTICIPANT
                              February 21, 2025 at 9:03 am
                              How is parental house self acquired?

                              • #50365 Reply
                                User_777f6c1a
                                Participant
                                  U
                                  User_777f6c1a
                                  PARTICIPANT
                                  February 21, 2025 at 10:12 am
                                  NAL
                                  If his parents have bought the house by themselves, then it becomes self acquired property (to their parents)

                                  So self acquired properties donโ€™t follow ancestral division laws

                                  • #50370 Reply
                                    User_d61e49af
                                    Participant
                                      U
                                      User_d61e49af
                                      PARTICIPANT
                                      February 21, 2025 at 11:05 am
                                      Then 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.

                                      • #50375 Reply
                                        User_777f6c1a
                                        Participant
                                          U
                                          User_777f6c1a
                                          PARTICIPANT
                                          February 21, 2025 at 7:08 pm
                                          Unless Op transfers the house to himself using power of attorney as a gift deed

                                          • #50377 Reply
                                            User_d61e49af
                                            Participant
                                              U
                                              User_d61e49af
                                              PARTICIPANT
                                              February 22, 2025 at 2:01 pm
                                              Can be challenged. Sister can always argue that the PoA was meant for temporary management and not permanent transfer. Could get dicey.

                                    • #50357 Reply
                                      Indianshivansh3984
                                      Participant
                                        I
                                        Indianshivansh3984
                                        PARTICIPANT
                                        February 21, 2025 at 9:28 am
                                        What 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.

                                      • #50356 Reply
                                        Lavanyabro181
                                        Participant
                                          L
                                          Lavanyabro181
                                          PARTICIPANT
                                          February 21, 2025 at 9:33 am
                                          Best 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.

                                        • #50355 Reply
                                          Happymaster5148
                                          Participant
                                            H
                                            Happymaster5148
                                            PARTICIPANT
                                            February 21, 2025 at 10:03 am
                                            Self 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.

                                            • #50364 Reply
                                              Abhijeetrider890
                                              Participant
                                                A
                                                Abhijeetrider890
                                                PARTICIPANT
                                                February 21, 2025 at 12:57 pm
                                                Self acquired by the parents

                                            • #50354 Reply
                                              Urbanhawk2045
                                              Participant
                                                U
                                                Urbanhawk2045
                                                PARTICIPANT
                                                February 21, 2025 at 10:27 am
                                                Dumb question here: If OP’s parents have given the property to him(PoA and sole-beneficiary), why is he even bothered?

                                                • #50363 Reply
                                                  User_d61e49af
                                                  Participant
                                                    U
                                                    User_d61e49af
                                                    PARTICIPANT
                                                    February 21, 2025 at 11:06 am
                                                    POA ceases once person who gave PoA dies. That’s why PoA is different from ownership.

                                                    • #50369 Reply
                                                      Expertsachin5153
                                                      Participant
                                                        E
                                                        Expertsachin5153
                                                        PARTICIPANT
                                                        February 21, 2025 at 12:45 pm
                                                        POA can also be revoked

                                                      • #50368 Reply
                                                        Urbanhawk2045
                                                        Participant
                                                          U
                                                          Urbanhawk2045
                                                          PARTICIPANT
                                                          February 21, 2025 at 1:38 pm
                                                          So OP is afraid that the Will can be changed and PoA can be revoked. Got it. Thanks.

                                                    • #50353 Reply
                                                      User_d61e49af
                                                      Participant
                                                        U
                                                        User_d61e49af
                                                        PARTICIPANT
                                                        February 21, 2025 at 11:08 am
                                                        Not 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.

                                                        • #50362 Reply
                                                          Brightsharad5081
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                                                            Brightsharad5081
                                                            PARTICIPANT
                                                            February 21, 2025 at 12:17 pm
                                                            OP is definitely an asshole who doesn’t want the sister to get her share of inheritance

                                                        • #50352 Reply
                                                          User_f378b8fd
                                                          Participant
                                                            U
                                                            User_f378b8fd
                                                            PARTICIPANT
                                                            February 21, 2025 at 11:28 am
                                                            Gift deed. Transfer of ownership is the BEST solution in most of the property disputes.

                                                          • #50351 Reply
                                                            Supernidhi1090
                                                            Participant
                                                              S
                                                              Supernidhi1090
                                                              PARTICIPANT
                                                              February 21, 2025 at 12:30 pm
                                                              OP, 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.

                                                            • #50350 Reply
                                                              User_ff3879a3
                                                              Participant
                                                                U
                                                                User_ff3879a3
                                                                PARTICIPANT
                                                                February 21, 2025 at 12:53 pm
                                                                Can a lawyer please take up the issue of OPโ€™s family giving away dowry

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