Release deed on father's property between brothers/sisters
pasupathi
(Querist) 12 August 2011
This query is : Resolved
I am currently in the process on buying a property in Chennai from a real estate person (MR-X) who has power of attorney on the land and converted the area into layouts.
As per the registered documents available ( EC has been done ) and i have all documents as per EC records.
The property was bought by MR Raman in 1961 ( This is the mother document, I have a copy). He has 6 children ( 4 male / 2 female) all married and alive till now.
Son1 - 54 yrs old now
Son2 - 49 yrs now
Daughter - 47 yrs now
son4 - 44 yrs now
son5 - 42 yrs now
Daughter6 - 42 yrs now
( note the above people have more than 1 son/daughters who are major now)
1) Mr Raman died in 1997
2) His wife died in 1998
3) no will or any deeds were written by Mr Raman on this property
4) the death certificate / legal hireship certificate issues in 2007 states above 6 are the hires.
5) in Jun-2011 5 brothers and sisters have written a release deed to "son2" stating that they have taken 10lk and giving this release deed ( which is registered)- note- only the 5 siblings have signed the release Deed to SON2 ( the grand children have not signed the deed)
6) In Aug-2011 MR-X ( real estate person) takes power of attorney from SON-2 ( which is also registered) and developing a layout on the land and selling it.
Can I buy this property from MR-X. My only question is "Is the release deed given by 5 Siblings to SON2 valid without the grand children's signature)
Thanks in advance for your responds.
R.Ramachandran
(Expert) 12 August 2011
The property being the self-acquired property it was the personal property of Mr. Raman (and not ancestral property). As such, in the presence of his legal heirs, the grand children have absolutely no role to play. In fact they have no claim whatsoever in the said property. If the Release Deed given by 5 legal heirs in favour of one legal heir (Son2) had been registered and the entire property has been mutated in the name of Son-2, on the basis of Registered Power of Attorney granted to Mr. X, one can safely go ahead in purchasing the property.
Raj Kumar Makkad
(Expert) 12 August 2011
Yes. The Release Deed is purely valid in the given circumstances.
pasupathi
(Querist) 12 August 2011
Thanks for the responds.
I was concerned because we usually hear that grand children has equal rights on grandparents propery as their parents have as a son/daughter and if they are major they can ask for the rights.
M/s. Y-not legal services
(Expert) 12 August 2011
Am also agree with my both seniors.. And grand childrens will not get equal share from the entire property. They will get share from their father's share only.
pasupathi
(Querist) 12 August 2011
Hi TOM.
I am confused again. If the grand children would get shares from the father's share, does the father has rights to write release deed or sell his entier share with out his son's agreement if the son is a major
Thanks
M/s. Y-not legal services
(Expert) 12 August 2011
No. Since that is a ancestral property the father can not make any encumbarence for his children's shares.. If childrens are minor mean with court's permission he can entered in to any agreement regards minor's share. If they are major mean its not possible.
M/s. Y-not legal services
(Expert) 12 August 2011
I think my explaination will clear your self mr.pasupathy sir.. If grandfather have two poor, A and B. Both are get 1/2 share. A having 3 sons, and B have 4 poor mean, after their demise A's childrens will get 1/3 share. And B's childrens will 1/4 shares. Ok?
pasupathi
(Querist) 16 August 2011
Hi Tom,
if "Since that is a ancestral property the father can not make any encumbarence for his children's shares"
How the release note given by 5 brothers/sister to the sixt one in my case valid
Thanks
