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Praveena001 (Not Working)     28 August 2011

Release deed in tamil nadu

A family with a mother, her children(2 daughters and 4 sons).

One of the daughter has taken the amount and given the release deed.

The release deed doesnt have the name/presence of the "other" daughter anywhere in the document.

Without the "other" daughter's concern the sons have  re-constructed house(s) on those properties.

In the release deed , a statement which mentions about 2 wills made by their deceased father.

Out of those, only one will document (duplicate copy of its un-registered form) was sent to the "other" daughter after so many years of the father's death.

The other will document was not even shown still.

Their father had mentioned about his health state in the will, and he wrote it before his death.

 

*** Now, is the release document and the construction of house legally accepted?

 

Thanks in advance

 



Learning

 2 Replies

Gundlapallis (Advocate)     29 August 2011

The relinquishment deed made by one of the daughters in favour of her brothers and NOT mentioning her sister in the deed do not confer any special rights to her brothers unless the wil made by her father in respect of that particular property excluded the 'other' daughter. 

When two wills are made by a person during his lifetime the latest will will prevail.

The 'other' daughter can seek partition of her share in the court, if she is disputing / suspecting the existence of will.  The burden of proving the will will lie on who rely on that.

1 Like

Praveena001 (Not Working)     29 August 2011

Thanks for the response.

Suppose, If the will excludes the "other" daughter on obtaining the share, then is there any way like "Equal share to woman" to get the share for the "other"..

To mention,

"other" daughter got married in 1983,

 father wrote the will on the ancestral property over which he re-constructed,

 the father died in 1991,

and the partitions/construction made by themselves(mother, son and one daughter) without the release deed from the "other" daughter, were made after 2005

Thanks


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