Release deed
kumar
(Querist) 26 July 2012
This query is : Resolved
Hi all,
I am from Andhra pradesh.I am having 4 sisters ..all are married before 2004.I also recently married.I am the only son to my parents.Ours is a Hindu Family.My father got some ancestral property.My father given some of the property to my sisters through gift deed in 2009 ,but didn't taken any release deed from them.Now my sisters are ready to give release deed in favour of my father,but they had put one condition that the release deed should be written in stamp paper which should not be registered.What is the solution ...so that unregistered release deed is strong enough in future???
A V Vishal
(Expert) 26 July 2012
Release deed is a compulsorily registrable document, without registration it cannot be admitted as evidence.
Anirudh
(Expert) 26 July 2012
I have a very serious doubt. What you call or assume as an 'ancestral property' may not even be an 'ancestral property'. Lot of people simply assume something to be 'ancestral property', though legally such properties are not ancestral property.
Therefore, first one has to be sure whether the property is really 'ancestral property' or not.
To determine this, you have to give details of the properties, how it came to your father's hands, when it came to your father's hands etc. etc.
kumar
(Querist) 27 July 2012
How to know whether the property is ancestrol property or not.
M.Sheik Mohammed Ali
(Expert) 27 July 2012
Through Deed only shown that nature of property, so you must ready.
prabhakar singh
(Expert) 27 July 2012
Property that was originally owned by an ancestor being one in the line of ascent to you,be it your father or grand father or great grand father are called ancestral property.Trace the origin of title to decide accordingly if the same is ancestral or not.
Anirudh
(Expert) 27 July 2012
Even the trained legal brains find it difficult to come to the correct conclusion.
Therefore, instead of trying to know how to find out whether a property is ancestral or not, it would be advisable for you to indicate the details of the property - like who owns the property now, how he got the property, when did he get it, from whom did he get it etc. etc.
Once you give information about the property, then experts in this LCI will be in a better position to indicate whether the property is 'ancestral property' or not.
prabhakar singh
(Expert) 27 July 2012
UNFORTUNATELY i am aware that Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
The question was too general and previous posts were not showing at then when i wrote my answer.IS FATHER NOT IN ASCENT LINE?
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
Normally the words HUF (Hindu United Family) and co-parcenary / ancestral property are used by the layman interchangeably. This is not so. A HUF is simply a Joint Hindu family living together, which need not necessarily own property. It could also have females as its members, which was not allowed in a traditional co-parcenary, (until recent amendments made in the center and the state) where only males were allowed to be members.
kumar
(Querist) 28 July 2012
My father got property through partition deed from my grand father.But the property bought by my great grand father.Is it ancestrol property to me????
Anirudh
(Expert) 01 August 2012
I asked you the following details:
who owns the property now,
how he got the property,
when did he get it,
from whom did he get it etc. etc.
Please verify your latest post - whether you have given all the required information. If not, why not? How do you expect any answer based on half information?
