Right over the property - legality
perumal
(Querist) 05 November 2016
This query is : Resolved
Sir,
Right over the property - legality
My father owned a property of 10 cents of highly valuable, located in vulnerable place.
My father had passed away leaving the following legal heirs.
1.Petchiammal Daughter passed away leaving legal heirs
2.Sankarammal Daughter passed away leaving legal heirs
3.Mariammal Daughter Living
4.Sellammal Daughter Living
5.Murugan Son Living
6.Arianachi Daughter Living
7.Sankaralingam Son passed away leaving legal heirs
8.Pandian Son passed away leaving legal heirs
Serial numbers 5,7, and 8 among the legal heirs of our father prepared a Release Deed in favour of serial number3 for entire extent of above land (not for their portion @ 1/8th ) and obtained witness signatures from serial numbers 1,2,and 4 and registered during the year 2000. Serial number 4 is totally illiterate. While obtaining signature the executors said that it is only a witness signature for the executors and will not affect your right over their share of this land. Now serial number 3 had sold away the entire extent to someone thro’ a registered sale deed. In this context, I want to clarify the following points.
1. Merely putting signatures at a Document as witnesses will confer their right as to release their 1/8th portion of their shares and thereby the Release Deed obtainer / Claimant of that document shall have right over the entire extent of property.
2. Now shall we approach the appropriate court for our claim of 1/8th share each,
3. Shall we file a case at criminal Court against the executor for fraudulent forgery registration who are living now.
Yours Faithfully
Perumal.M
Kumar Doab
(Expert) 05 November 2016
What is personal faith of deceased and heirs e.g; Hindu?
What was the nature of property in your father's hands;Self earned/acquired/HUF/Joint Family/ancestral?
What is the date/month/year of death of father and daughters?
The property is agricultural?
The property is in which state?
Have you obtained mutation record with all link documents?
Have you consulted a local counsel: If yes, what is your own counsel's opinion?
Rajendra K Goyal
(Expert) 05 November 2016
The language and contents of all documents need to be referred, fruitful advice not possible with casual facts.
Please consult local lawyer.
R.K Nanda
(Expert) 05 November 2016
take help of local lawyer.
perumal
(Querist) 12 January 2017
Thank you all for valuable advice.
Perumal.M
Kumar Doab
(Expert) 12 January 2017
You have posted many threads and all responded.
Your thanks are appreciated.