Can release deed be challenged by sisters.
Querist :
Anonymous
(Querist) 22 May 2011
This query is : Resolved
SIR, My grandfather purchased Agriculture land and the same was inherited by my father (his only son) after his death. We are two brother and two sisters from Haryana and are Hindu. My father get Release Deed of the land in July 2005 in favour of both son. Both the sisters were married in 1986 and 1997 respectively. The HSA (amended) 2005 came into force w.e.f 9.9.2005. Now my question is:-
1. Whether THE HSA (amended)2005 is applicable in this case as the release deed was done before this act came into force.
2. Can the sisters can challenge this Release Deed in court.
3. If Yes, what will be their share as my father and mother is still alive.
4. And if they challenge this Release Deed after the death of my father, then what will be their share.
5. THE HSA (amended)2005 is applicable from which date or it is applicable irrespective of any date,
Guest
(Expert) 22 May 2011
READ THE ACT CAREFULLY. THOUGH IT CAME TO EFFECT ON9.9.2005 IT WILL AFFECT THE ARRANGEMENTS WERE MADE AFTER 20.12.2004. SO YOUR SISTERS CAN CLAIM PARTITION AND CHALLANGE THE RELEASE DEED AS NULL AND VOID.
Querist :
Anonymous
(Querist) 22 May 2011
Thanks a lot shri S.Ganesan Sir. Please also tell me about the points 3 & 4.
M/s. Y-not legal services
(Expert) 22 May 2011
Dear author, what you mean for release deed, is it arranged by your dad alone? Or your sisters also put their signatures?
M/s. Y-not legal services
(Expert) 22 May 2011
I have a doubt here ganesan sir, if the both sisters accepted the release deed earlierly, even they can claim share as per 2005 amendment sir?
Querist :
Anonymous
(Querist) 23 May 2011
Tom Sir, The sisters donot put their signature on release deed.And I want to know that is father has any right now to cancel this release deed.
R.Ramachandran
(Expert) 23 May 2011
Dear Anonymous,
You say that your father inherited the property after the death of your grand father. After the coming into force of HSA 1956, the property inherited by a son from his father under Section 8 of the Act, would be his separate or exclusive property. It is not an 'ancestral property'.
Since it is not an ancestral property, the provisions of HSA (Amendment) Act, 2005 will have no application at all to the matter.
Being a separate property of your father, he can do anything that he likes with it. No one [not even his son(s) and daughter(s) ] have any right over the said property.
Therefore, to disposing off the property, your father does not require any consent or relinquishment deed from anybody.
However, since none of you (i.e. sons) are the co-owners of the property in question, your Father cannot give that property to you by means of a Relinquishment Deed. If he wants to give this property to his sons, during his life time, he has to give it only by way of GIFT DEED.
Giving away the property by means of GIFT Deed will involve registration, payment of stamp duty on the value of the property and applicable registration fee.
If the GIFT DEED is not registered, then it will have no effect. It will create a problem in future, since in that situation, you father would have died intestate (without leaving any WILL or without making any GIFT of the property), your Sisters will have right to claim their share in the property as legal heirs of your father.
Querist :
Anonymous
(Querist) 24 May 2011
Shri R.Ramachandaran Sir, I also agree with you that it is not ancestral property. But a majority of Experts says that it is ancestral property. So I am confused what is right.
R.Ramachandran
(Expert) 24 May 2011
I do not know how to answer your latest query. I think the court will answer your query based on law and not based on majority view.
Querist :
Anonymous
(Querist) 24 May 2011
Shri R.Ramachandaran Sir, I am Very very Thankful to you for answering such a typical question.
If the property in question is exclusive property of father, but my father has done Relinquishment Deed/Release deed in favour of both the son and the mutation has also recorded in our name in Patwari’s record. Then what is the procedure to get it rectified by my father so that the same can be given to us by GIFT DEED.
Querist :
Anonymous
(Querist) 30 May 2011
Will please anybody reply my last query.I will be Very thankful to U, Sir.
Querist :
Anonymous
(Querist) 05 June 2011
THANKS TO ALL.
Querist :
Anonymous
(Querist) 05 June 2011
THANKS TO ALL for sparing your valuable time for me.
Querist :
Anonymous
(Querist) 15 June 2011
Respected R.Ramachandaran Sir,You say that after coming into force of HSA 1956, the property inherited by a son from his father under Section 8 of the Act, would be his separate or exclusive property. Then which property will be called as ancestral?
Querist :
Anonymous
(Querist) 17 June 2011
Respected R.Ramachandran Sir,my above query is pending.
Querist :
Anonymous
(Querist) 21 June 2011
Thanks to all.
