How to avoid sister from claiming fathers property

Question

How to avoid sister from claiming fathers property

23-Oct-2023 (In Property Law)

Hello, My sister is asking for Power of attorney for a land from my father. As I am the only brother ,it is ok for me. But for no problems in the future i want some documentation or advice that she cannot ask anything more from the family . so is there any law for this query, where she cannot ask for more family property in future as it will come to only me.

Answers (4)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ 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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How to Remove a Sister from Property

Removing a sister from property depends on whether she is a co-owner, legal heir, or just residing there.

If she is a co-owner on the deed: You cannot remove her name without consent. Options include buying out her share, asking her to sign a relinquishment deed, or filing a partition suit if she refuses to transfer.
If she is a legal heir to inherited property: She has an equal right under succession laws (like the Hindu Succession Act, 2005). You can negotiate a settlement or approach the court for a partition order.
If she is only residing with no ownership rights: Serve a legal eviction notice and, if needed, file an eviction suit in civil court to have her removed.
If parents want to remove her: They can exclude her from self-acquired property through a will or gift deed. However, she cannot be removed from ancestral property, as her share is protected by law.

Always consult a property lawyer before taking legal action.

Advocate A.G. Syam Kumar LawRato · Accepted Answer · 2017-10-24T19:33:10+05:30

Answer #2

Sure. In case if such thing is mentioned in the document Then the same would be a valid one For clarification Please contact over phone .

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Adv. A.G. Syam Kumar Adv. A.G. Syam Kumar

Trivandrum / Thiruvananthapuram | 400+ Answers

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Advocate Sheejish P T LawRato · Accepted Answer · 2017-10-24T20:38:27+05:30

Answer #3

Hi, In query, the facts are not fully clear, as to the purpose and nature of the power of attorney she require. And which all properties she need it, whether entire property or some portion of the property of the father! It is better to execute an agreement in between you, sister and your father (if he is alive) and other legal hairs stating all these facts and purpose, and to register it, if possible. If your father is alive better advice your father to execute a will stating all these facts and purpose, and to register it, so that you can avoid unforeseen issues in future. Regards, Sheejish PT, Advocate, Ernakulam.

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Adv. Sheejish P T Adv. Sheejish P T

Ernakulam | 50+ Answers

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Advocate P Venu LawRato · Accepted Answer · 2017-10-27T21:07:06+05:30

Answer #4

The facts posted are confused. Taking or giving power of attorney does not, in the normal course, does not amount to conveyance of property. Your father, during his lifetime, can dispose his property at his discretion unless it has been ancestral. You, as the son, has no special rights or entitlement.

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Adv. P Venu Adv. P Venu

Vaikom | 5+ Answers

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