pashyanti (legal manager) 29 March 2011

Relinquish deed

Dear All,

Could some one help me to sort out my query regarding the following?

One person had an agricultural land on his name. after his death, his two sons mutate their names as owners and possessors. The mutation entry in that effect is not taken by the Talathi. He dircetly mutate the names of both the sons in the name of their father as owners.The sons had orally partitioned the land. the person had also six daughters. My question is:

1. Had his six daughters have same share in the land along with their two brothers?

2. The mutation of sons of the died person is not available in any govt. record, as the transaction had taken place i..e. mutation effect was before 1970.

3. Does Law said that after 12 years,daughters have not the legal right to claim their fathre's property?

4. If yes, pls. state the name of the Act.

5. If for sake of brevity, the brothers have executed Relinquish Deed giving effect of back date i.e. before 2006, is there any legal issue raised in future regarding the mutation entry of the sons?

Pls. help me to sort out the same.

Thanks in advance.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 29 March 2011

If it is self acquired property of the father and if he had made any arrangements to transfer the property in two sons name then sisters cannot claim. If father dies without making any arrangments of his properties like will, etc., then sisters have got equal share in the property of the deceased father.

Prakash V Bodas (Advocate) 31 March 2011

It depends upon whether a person died inteste or he had executed any tastamentory document. Also whether the property is ancestral or self acquired. Plus his date of death. Also the place where he died. Pl provide the needfull.

pashyanti (legal manager) 31 March 2011

Thanks Rajeev sir & Prakash sir for your guidance.

The person had died without executing any testamentary document and his property is ancestral property. He was died around approx. in the year 1970. The talathi had record from the year 1970, when both of sons names are already apperaed in the 7/12 extract for half-half share in the property. But the person's daughters names are no where mentioned in the 7/12 extracts from the year 1970 to till date.

I'm consulting with one advocate who told me that,the Law says that after 12 years the daughter has no right to claim the father's property. Is it true? Is the Limitation Act/Law applies in this case?

Pls. help me to sort out the matter.

Prakash V Bodas (Advocate) 01 April 2011

If a person died in 1970 without any testamentory document then and property is ancestral then his daughters will surely get the share in the property. It will be out of his 1/3rd share. Daughter's right will not extinguish anyhow. Brothers being co-sharers cannot claim adverse possession. Entry in revenue record will not affect the rights of the parties.