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S.MANIVANNAN (CA-PCC Articles Student)     23 August 2010

Share rights in property whether legally safe

Sir/Madam, My father has 4/7th of share in his father property (Totally divided into seven shares 5 daughters & 2 sons). My father recently passed away in 2007. he had got a release deed duly registered from 3 elder sisters (3 + 1 is own share= 4 shares)to his name by paying some amount before 13 years. Now is I and my mother are legally entitled for the 4/7th of share.We had also got the legal heir certificate. Please advice me. Regards Mani


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 3 Replies

R.Ramachandran (Advocate)     23 August 2010

Dear Mr. Manivannan,

From the facts revealed by you, it appears that  the property in question seems to be the self-acquired property of your grandfather.  Either during his time, or after his death by means of inheritance it has been divided into 7 shares between 2 sons and 5 daughters.  According to you, your father thereafter obtained registered relinquishment deeds from three sisters.  Since the relinquishment deeds are all duly registered, you are legally safe.  [But I do not know whether any consideration i.e. amount paid by your father to his sisters has been mentioned in the relinquishment deed.  In that event, it cannot be a relinquishment deed rather a regular sale.]  However, if your father had separately paid the money and got the relinquishment deed separately without linking the payment that is a different matter.

adv. rajeev ( rajoo ) (practicing advocate)     23 August 2010

Yes in your father's share you and your mother has got equal share.

R.Ranganathan (Advocate)     02 September 2010

You and your mother can share the 4/7th share of your father, if you both are the only legal heirs of your father.


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