Dispute on ancestral property
Suresh
(Querist) 11 January 2021
This query is : Resolved
Hi, my name is Suresh
My late grandfather have 8 children's 3 sons and 5 daughters. He own a property and after his death a release deed was prepared and all 5 sisters and my grandmother gave the land to 3 sons but it was not registered and the deed prepared on 1997.
During the year 2000 my dad and his brothers built a house on that land and 4 daughters signed during registration except one.
Now 2021, the one who not signed filed a Suit against us stating she have rights on his father's property and she claiming that she just came to know that it was already divided.
Her age is 65 and she got married before 1988.
Do we need to give her share or court will consider our registration as void which was done during 2000?
Guest
(Expert) 12 January 2021
Amicably Sorting out the Issue would be good for both of you. No doubt She has the Legal Right and being an Senior Citizen the Court could consider her case to be completed on Priority also.
Dr J C Vashista
(Expert) 12 January 2021
Unregistered release deed is invalid.
Your case has deeper legal issues, either settle amicably or it is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Suresh
(Querist) 12 January 2021
Thank you Sir, if we provide evidences that she know about the partition before 20 years but claiming only now? Will we get justice?
Advocate Bhartesh goyal
(Expert) 12 January 2021
She has right and share in his father's Property irrespective of fact that she had knowledge of partition but she has not relinquished her share through registered release deed.Better follow above experts advice and settled the matter amicably.
SHIRISH PAWAR, 7738990900
(Expert) 12 January 2021
Hello,
You will have to settle the issue with your Aunty. The daughters have a right in the parent's property so try to negotiate and settle the issue. The deed is also not registered.
Rajendra K Goyal
(Expert) 12 January 2021
Agree with the advice from expert Advocate Bhartesh goyal.
kavksatyanarayana
(Expert) 12 January 2021
You stated that your grandmother and 5 sisters executed a release deed in favour of 3 sons that is not registered. And in the year 2000, when your father and his brothers built the house and his sisters except one signed during registration. Is it registered? Is your grandmother alive? When your grandmother is alive or not, the daughter who has not signed has right for her share in the property.
Suresh
(Querist) 12 January 2021
Yes, it is registered and grandmother passed away. If the one who not signed won the case, will court ask us to demolish the building and give her share of land ?
K Rajasekharan
(Expert) 13 January 2021
The court will not order demotion of the building in which you stay.
On the other hand it will direct you all to pay an amount proportionate to her claim in the property or arrive at some other mutually agreeable settlement.
Since she has a clear claim on the property it is better to settle the matter in the court through guided mediation/ adalat rather than contesting the case as she has filed the suit.
Suresh
(Querist) 14 January 2021
Thank you so much Sir
