Please Advice
Querist :
Anonymous
(Querist) 14 January 2011
This query is : Resolved
Respected Sirs,
My Grandfather ‘X’ in 1950 acquired Property No.: 1 & 2, by a REGISTERED SALE DEED(Self earned). Later, Property No.: 1 & 2,were given new Nos. viz.: 11 & 22, and later in 1969 1st Floor of 11 was given the No.: 11/1 and in 1973 northern portion of 22 was given the No.: 22/1.
In 1971, ‘X’ thru an AFFIDAVIT before the Second Magistrate, brought the Property Nos.: 11, 11/1 & 22 under Hindu Joint Family Property, he being the Karta of the HUF and the members were his wife ‘Y’, 2 Sons – ‘A’, ‘B’, and 2 Daughters – ‘C’ & ‘D’.
In 1972 ‘X” sold the northern portion of Property No.: 22 to his wife ‘Y’ through a REGISTERED SALE DEED which came to be known as No.: 22/1 after bifurcation of Khata from Property No.: 22. This Portion was sold before the bifurcation of Khata from Property No.: 22.
In 1977, the 2 daughters – ‘C’ & ‘D’ through individual UNREGISTERED DEED OF RELEASE in respect of HUF Property Nos.: 11,11/1 & 22 released their rights from the HUF Property for consideration.
In 1982, through an UNREGISTERED DEED OF RELINQUISHMENT, Son ‘B’ relinquished his rights on HUF Property Nos.: 11, 11/1 & 22 in favour of ‘X’, ‘Y’ and ‘A’ who now became the only members of the HUF Property Nos.: 11, 11/1 & 22
In 1982, ‘X’made a REGISTERED WILL through which he bequeathed his Share in Property Nos.: 11, 11/1 & 22 to his son ‘A’ and by another REGISTERED WILL ‘Y’ bequeathed her rights of the Property No.: 22/1 in favour of ‘D’.
In 1986, a UNREGISTERED DEED OF PARTITION was executed between ‘X’ , ‘Y’ as First Party and ‘A’ with his Family as Second Party, through which Property Nos.: 11 and 11/1 were retained with First Party and Property No.: 22 was given to Second Party and the khata for Property 22 was transferred in second Party’s name.
In 1992, ‘Y’ made a REGISTERED CODICIL through which after her demise, ‘X’ was made the owner of her share in Property Nos.: 11 & 11/1 and after his demise the entire Property of 11 & 11/1 will go to ‘A’. Also after her demise, ‘X’ would be the owner of Property No.: 22/1 and after his demise it would go to ‘B’.
In 1992, ‘X’ made a REGISTERED CODICIL through which after his demise, ‘Y’ was made the owner of his share in Property Nos.: 11 & 11/1 and after her demise ‘A’ would be the absolute owner of the same. Also the relinquishment over this property by 'B' is mentioned in this Codicil. Further 'B' was given the whole Business developed by 'X'.
In 1995, ‘X’ expired.
In 2003, ‘Y’ made a REGISTERED GIFT DEED revoking her earlier Will and Codicils in respect to Property No.: 22/1 and through which ‘B’ was gifted the Property No.: 22/1
In June 2003, ‘Y’ expired, hence ‘A’ acquired rights of the entire Property of 11 and 11/1.
In 2006, through a REGISTERED GIFT DEED, ‘A’ gifted this Property 11 & 11/1 to his son - that is me.
Now, the problem is – ‘B’ is denying the Will of ‘X’ and ‘Y’ and his relinquishment over 11, 11/1 and 22. He has taken his share of 22/1 and also the Business of 'X' and now is asking for more in this 11, 11/1 & 22. Moreover, he is in possession of a floor in 11 and 22. By his misvirtues he’s got the khata cancelled in name of ‘A’ for 11 & 11/1 . There is a writ petition pending against this revoking of khata which has been revoked back to 'X' name. Both my aunties ‘C’ and ‘D’ are not interested.
My question is –
1] Can my uncle 'B' or Aunties 'C' & 'D' deny the relinquishment and release deeds they made in 1982 & 1977 respt.
2] The originals of release Deed by aunties 'C' & 'D' and the relinquishment deed by my uncle 'B' are with me. Have they any importance as they are unregistered ?
3] Does the Hindu Succession Rights (Amendment) Act 2005 hold for my both aunties 'C' & 'D'
4]Does the unregistered Partition Deed of 1986 between 'X', 'Y' and 'A' hold good ?
5] Can my uncle 'B' contest the will favouring 'A' (my father) and subsequently the Gift Deed by 'A' to me
6] Does Limitation Act stand here for such contest ?
7] Can my uncle 'B' challenge the Will or Codicils made by 'X' as he is also given the Business in this Codicil?
8] After the Gift Deed of 2006 by my father 'A', I became the owner of the property 11, 11/1 and 22 Now, what is my stand on this property after all these documentations ?
9] can I file a Possession suit against my uncle ‘B’ who is occupying a floor in the said property based on the Gift Deed of 2006 ?
10] how do i get the khata changed in my name when there is a writ petition pending ?
Ajay Bansal
(Expert) 14 January 2011
Vry bulky quary.Contact me at 09729985995.
Ajay Bansal
(Expert) 14 January 2011
Very bulky quary.Contact me at 09729985995.
Querist :
Anonymous
(Querist) 14 January 2011
ok thank u sir... i'll surely contact u..
R.venkatesh Naidu
(Expert) 21 January 2011
please you try to simplify your question, if impossible please contact me in person
