Can daughter claim property rights after 25 years of inheritance?
My father acquired the land through an act and passed away in 1991. My mother (father's wife) executed a registered General Power of Attorney (GPA) in 1994 for all her four sons and sold the property in the same year. However, she did not include her daughter in the GPA or family tree. Now, after 25 years, the daughter is claiming a right to the property. This is the fifth transaction for us, and she was married before 2005. Does she have the right to claim the property now?
My father acquired the land through an act and passed away in 1991. My mother (father's wife) executed a registered General Power of Attorney (GPA) in 1994 for all her four sons and sold the property in the same year. However, she did not include her daughter in the GPA or family tree. Now, after 25 years, the daughter is claiming a right to the property. This is the fifth transaction for us, and she was married before 2005. Does she have the right to claim the property now?
Since the property was sold in 1994 by the mother through a registered GPA, and multiple transactions have occurred over 25 years, the daughter's claim is weak due to the Limitation Act. As she was married before 2005 and the Hindu Succession (Amendment) Act, 2005 may not apply retroactively, her rights are unlikely to be recognized. Legal consultation is advisable, but her claim is not strong.
Under Indian succession law, even though your sister was excluded from the GPA in 1994, she had equal inheritance rights to your father's property as his daughter, and the 2005 Hindu Succession Amendment Act only confirmed pre-existing rights. However, given that 25 years have passed since the sale and there have been multiple transactions, her claim might be barred by limitation (12 years for property claims) unless she can prove fraud or that she was unaware of her rights. The courts generally protect bona fide purchasers in subsequent transactions, especially after such a long period, though she could potentially claim her share of the sale proceeds from 1994 if she acts quickly.
Sir, since the GPA was executed in 1994, and the daughter was not included, her claim might be challenged on grounds of the legal formalities followed at that time. However, since she is making the claim now, it is advisable to consult a property lawyer to understand the specific legalities and possible defense strategies. For further legal assistance contact us on our helpline number.
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