Daughter's right on his father's property.
Neha Kapoor
(Querist) 12 May 2013
This query is : Resolved
My mother’s father expired in nov 2009. On 16th Dec 2009 my mother’s two brothers has force fully taken my mother signature on stamp paper in front of notary for relinquishing her rights from the flat own by her father in Mumbai and agreed to pay Rs. 15 lakh. The cost of flat was almost 3 crores. They have never share us any document or the Price of the flat. In oct 2010 we send them legal notice from advocate for equal right but they immediately send us DD of Rs. 15 lakh and a reply from their lawyer for no further right on property. Our advocate advice us to deposit DD in mother bank account which we did. In the mean while my both the uncles has sold the entire flat under the redevelopment to a builder and purchased two new flats outside. We found our lawyer greedy and he was asking for commission on that amount. In the mean while my both the uncles agreed to give equal share in the commercial property and a farm land. But its almost 30 month from our 1st notice and we got nothing as the commercial property has not been sold yet and we found that their intention are not good this time also and they don’t want to give us anything. Can we file a partition suit in the court still and how as they have already vacate the flat and bought two new flat outside.
ajay sethi
(Expert) 12 May 2013
it is necessary to go through the document executed by your mother . please note that DEed of relinquishment has to be duly stamped and registered . . as your uncles failed to pay your mother her share you had issued legal notice . in reply your uncle lawyer sent demand draft of rs 15 lakhs which has been duly accepted by you . your mother should not have accepted the said sum of Rs 15 lakhs in full and final settlement . . it is necessary to go through legal notice issued by your mother lawyer and reply received from your uncles l;awyer
