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Daughters right on GPA right given to others
28-Jul-2023 (In Property Law)
I purchased a property from GPA holder of land in 2006 . The GPA holder got GPA rights back in 1996 from a family of mother and four daughters , all four daughters are already married at that time. The father who inherited the property(not ancestor property) by is no more at the time of GPA hence mother along with three daughters signed the GPA while the first daughter died around 1993, hence first son in law signed the GPA papers in place of first daughters.
Now the son of the first daughter sued me, his grand mother and his three aunts in court for share in property (when I purchased the property he was minor, his father also signed the GPA papers and during that time has no right to daughter if father and daughter was not alive). what is his claims on the property ?
In the recent judgment, Supreme Court aiming at ensuring the 'right of equality', in a landmark judgment, held that a daughter coparcener would have equal coparcenary rights in a Hindu Undivided Family property or equal right to family by birth irrespective of whether the father coparcener passed away before or after 9th September, 2005. Section 6 of the amended Hindu Succession Act bestowed upon the daughter an equal coparcenary status, along with its rights and liabilities.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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I should see the GPA , were there many sites sold on the basis of that power of attorney ?who is now having the original? the power of attorney in your possession, whether it is notarized or just xerox copy? whether the land is converted to non agricultural use ?
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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