illgal relinquishment of share and mutation in record
r.pratap
(Querist) 15 October 2015
This query is : Resolved
Sir
after death of grand father , mutationin records were made in name of my father and two uncles as 1/3 each and name of one sister was left out mentioning that as per local custom female do not take share and her marriage to be performed by brothers and not interested, without any written document.afterwards ,my one uncle released his share in favour of other uncle without consent of my father
and his share became 2/3 in revenue authority record,now my father demands 1/3share , then uncle instigates sister to demand her share after 20 years .whether such unauthorised release in his favour attracts criminal action under ipc to check his activity
thanks in advance.
Kumar Doab
(Expert) 15 October 2015
You have initiated many queries.
It is believed that you are Hindu.................and there was no registered partition deed/family settlement deed.
The daughters can stake their claim for share in un-partitioned properties of their father.
Any legal heir can relinquish his/her right in the property.
r.pratap
(Querist) 15 October 2015
Sir .thanks.i m hindu , and there is no any partition deed etc.Sir, I want to understand whether relinquishment of 1/3 share which he is not entitled , attracts dishonest intention as in fact he is entitled for 1/4if further partition , including sister is made.and further sister is putting her stake after 20 year long period.
Rajendra K Goyal
(Expert) 15 October 2015
Sister has right in the property, she can claim.
One uncle has relinquished his right / share in the property. If relinquished share comes to be wrong, it is civil matter not a criminal case.
dr g balakrishnan
(Expert) 15 October 2015
Matter being civil in nature, limitation applies under law of limitation 1963, so sister now after 20 years cannot claim as she relinquished her right for property since the unregistered partition took place 20 years before.
one uncle gave away his share, he needs no sanction or approval of yr father.that is his individual right under fundamental right u/article 31 now that right is still there under art 300A inserted.
Your father has the right for 1/2 share as one uncle relinquished his right but his sister relinquished right under law of limitation of 12 years.
if she wanted she should have raised her claim before the lapse of 12 years from the date unregistered partition took place... local custom mentioned is a nonest so she had her right on property if she moved within 12 years of the grandfather declaration after all here it is not an official partition but but some kind of fiat exercised by the grandfather.
