relinqishment deed
vishwas rao
(Querist) 08 September 2009
This query is : Resolved
Hi!my name is vishwas my question is that my grand father had past away 35 years ago and soon after him my grand mother also past away with leaving behind a few properties with out a will,after her death my father and his brothers verbaly distributed the properties among themselves.However, nobdy relinquished their rights from each others properties now after 28 years of that distribution the brothers of my father have become greedy since the property which is in my fathers possession for which he has been paying taxes and bills has increased in value many fold.however at the time of that distribution this property was the smallest share of the actual worth of all the properties put together,since my father is a handicapt he could argue his elder brothers.what can i do in this situation?and if in any way i can convience the brothers of my father to document the distribution what sort of documentation is required?a reply would be highly appreciated.(Property is in delhi)riven
Prakash Yedhula
(Expert) 08 September 2009
Oral partition coupled with possession is acceptable in law. Also if there is mutation of revenue records, then your uncles have no case.riven
vishwas rao
(Querist) 08 September 2009
thank you very much for your response.if you could also kindly tell me that if now after all these years if we have to sign some sort of documents then should i just get a relenquishment deed made in favour of my father and have everybody sign it?and if this is ok then do i have to get it registered?riven
Kiran Kumar
(Expert) 09 September 2009
Paraksh ji has avised correctly....but in case of litigation u ll ve to prove the oral partition.
but if the other parties are agreeing to written agreement this time then get the properties registered this time....registred documents with relevant entries in the revenue record will remove ur burden.riven
Shivasurya
(Expert) 09 September 2009
Mr. Vishwas Rao, I agree With Mr. Prakash.
My sugessetion is to create a document in respect of the properties vested with your father. 1. To execute a registered a partition deed within your family members or
2. To execute a settlement deed in favour of yourself if your other brothers and sisters accepted of to do the same in favour of all the sons and daughters of your fatherriven
Shashikant V. Patil
(Expert) 09 September 2009
Oral partiton the then has to be agreed between all brothers as the same had not reduced in writing , if not at this juncture, settle the matter, with afresh partition deed mutually.riven
