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venkat   14 December 2015

Release deed issue

Sir,

My grandfather has four sons and two duaghters. My father is the elder son among six. Next to my father (2nd son) has given release deed from ancestral property to grandfather on 1974.

My father died on 1993. Myself along with sisters and mother have been given release deed to next to my father (the one already given rlease to father) from ancestral property.

in sametime, my father has own propety which was register on his name.

Now fathers brothers are claiming my father property as ancestral property.

, is this valid release,  do they have power to claim my father property.

Please give your valuable suggestions.



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     14 December 2015

Query narration is not clear.You have not mentioned whether release deed was registered earlier. No one can dispute your fathers property,but they can contest ancestor properties, when we have clear picture. 

Laxmi Kant Joshi (Advocate )     14 December 2015

If the property is self earned by your father then no one during his life can claim any right over it, they make any claim in his property after if he died intestate .

Adv. Yogen Kakade (+ 91 9225510883)     14 December 2015

Hi,

If the property is question is your father's self owned property and he had acquired the property with his self earnings and not with the income out of the ancestral property.. no other person can claim the property.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in 

 

venkat   15 December 2015

My grandfather has four sons and two duaghters. My father was elder son. second son (next to my father) had given release deed to his father from ancestral property. It was joined family

After some years, my father earned money from business and bought agriculture land nearby ancestral properties in 1974 and it has been registered in my father name.

Due to some reasons, we have given release deed from ancestral property to fathers brother (second son), who had already given release deed from same ancestral property.

All release deed has been registered.  Partition happened but not registered till now

Now fathers brothers claim that my father property is also ancestral property.

Sir , Two questiones

1.  is this valid claim from my father property since my father property and ancestral property in same place.

2. The person who had given release deed from ancestral property and same person received release deed from his brothers family (same ancestral property)
    
   is this valid release deed ( all release deed registered)

is it required to get signature from other two brothers while getting release deed since no partition.


Please clarify

KRISHNA   15 December 2015

hello prof,

pls solve my probs, that recently my parents took letter from me that I will not be no more connected to their self earned property because there was a dispute in our ancestral property and for the same I took the excess part of mine, for this they took letter which is not registered with concerned authority { like release deed) , my question is whether I hold legal rights to fight for father's  property challenging with my own agreed letter { which not to interfear for property}

and more over for my father property we took loan and constructed 1st & 2nd floor, and emi is paying by my account { join a/c loan - as a co - applicant for my father } is this subject also add on to my rights against property. and my father is going wrtie will for their daughters without taking my consent. pls tell me can i challenge for the same.

pls tell me the conclusion of probs

 

krishna murthy

 

 

T. Kalaiselvan, Advocate (Advocate)     24 December 2015

From your contentions it can be inferred that your father besides a share in the ancestral property purchased some landed property near the location of ancestral property, hence his brother is claiming that also as ancestral property and a share in it, right?

Your father's brother's such claim is invalid because it was your father's self acquired property hence it is not maintainable. 

 

Well next queston is about the registered release deed executed by you all along with your father to his brother relinquishing the rights in the ancestral proerty.  Well this deed is very much valid in the eyes of law and there is no legal infirmity in it.  

m.kameswaran (student)     07 January 2016

the route is well clear for ur father's brothers and sisters to claim ancestral property because u all given release deed regarding ur ancestral property.but they cannot claim over ur father's self earned property.


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