Ancestors property
Sasikumar
(Querist) 25 June 2012
This query is : Resolved
Hi Sir,
My grandfather was died on 1990's.he has 1 son & 4 daughters.My father is the only one son & elder to all.we are only maintaining all the property after my grandfather died.we gave money to all my aunties for their marriage & jewels also etc ... Now,one of my aunty is filed a case against property.so now we need to give only 1/5 to one aunty.Is there any way to acquire all the properties to my father side.The whole property is around 3acres only.cultivation land.if we share that to 5.it will not be useful to anyone sir.
Also one more thing is we are planning to get release deed from other two aunties.what is the procedure to get that.Is it possible to get release deed for filed case property.
Could you please help him.
Thanks
Sasi
Adv.R.P.Chugh
(Expert) 25 June 2012
Dear Sasi,
The Aunts have a right in the property no matter what was spent on their marriages etc. That is how the law stands ! The fact that partition would render the property useless by dividing it into very small uncultivable holdings can't disable her from claiming, at most when they ask for partition you can seek to buy out their share.
As regards 2 aunts who are willing to relinquish their share - get a registered relinquishment deed drafted from them.
ajay sethi
(Expert) 25 June 2012
agree with bharat get deed of relinquishment signed by aunts . get it stamped and regd . you have to give share toi aunt who is claiming
Sasikumar
(Querist) 25 June 2012
Thanks for your reply,sir.
Right now that land is in case.so we can get relinquishment signed by aunts now or after finishing case only,we can get release deed.
Is it possible to go for a mutual understand agreement instead of release deed or unregistered release deed?
I heard that we can also go for simple stamp paper agreement for ancestral property.
Jai Karan Nagwan
(Expert) 26 June 2012
Ask your consentd aunties to give statement of reliquencement in your favour in the present case itself. Coourt will decree accordingly.
JANAK RAJ VATSA
(Expert) 26 June 2012
the aunties who are in favour of the relinquishment deed can say so in the court in the present suit which can then be decreed by the court.
Sasikumar
(Querist) 27 June 2012
Thanks,sir.For your reply.
Also one of my aunty got married before 1989.so i need to get relinquishment signed by this aunty also.
I heard that,The women who got married before 1989,she don't have rights on her parents property.so please clarify me that i need to get relinquishment signed by this aunty.
