Hindu succession act.
Harshad Mavani
(Querist) 05 January 2012
This query is : Resolved
A father holding Restricted tenyor (43-c)Agriculture land as inheritance property having 4 sons and 4 daughter. But in the rights of record there is only one name of the father. Father has taken written in presence of notary from sons & daughter that there is no rights of ownership in the property & what so ever is left in favor of father without any consideration & now father trying to sell the property.
Children have entered a civil suit in court but later they have withdrawn with out any obligation.
Is there any more rights of children in the inheritance property?
Raj Kumar Makkad
(Expert) 06 January 2012
You have not told what was the nature of the suit filed and withdrawan earlier without which no concrete opinion can be provided however, if the property is ancestral, the children are not bound by the notarized relinquishment deed and they can agitate against the proposed sale by their father without any necessity.
prabhakar singh
(Expert) 06 January 2012
yes!while notarized document has no value in the eye of law but if the suit withdrawn was based upon right to declare ancestral share in the property as coparcener with father,a fresh suit to enforce the same right would be barred in case permission to file fresh suit was not sought or ,if sought,was refused by the court.
