muniswaran (self) 14 November 2010

Ancestor property

Hi,

My Grandfather got property in forms of land as partition from his father. He registered those lands to his sons. My father is expired ..so i assume his property woudl be for our family. In my family mother,myself and two sisters are there. One Sister is speaking abou equal rights in the property given by grandpa. But i seen somewhere in forums that ancestor property is equal to both son & daughter if it is registered after 2005 ( some date ). But my grandpa registered those in year 2004. So how it should be considered ?

1. Does the property is under ancestor property ?.. Because my grandpa and his brother registered it form his father.

2. Does my sisters have equal rights in the property ?

In future to avoid any misunderstandings in family.. how it should be resolved ?.. I asgree it is mutual undrestanding .. but should they give release deed in case they compromise ?

Please someone help me as soon as possible.

Thanks,

Kumar

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 November 2010

Your sisters also have equal right in the property along with you and your mother. If your sisters do not want to take their shares they can execute a release deed and relinquish their share.

suresh (Advocate) 15 November 2010

Dear Mr. Kumar,

Yes your sisters have equal rights in the ancestral property,

If your sisters doesn’t want the share in the property, they can release their rights by way of reigstered relinquishment deed in favour of you.

Regards

suresh

Jai Karan Nagwan (consultant) 15 November 2010

Dear Mr.Kumar,

After the amendmet in Secton 6 Hind SuccessionAct, sister also is placed in th cateory of copacener. It does nt mean that before the amendmnt siser was not enttle for share in the ancestral property.

Let us come to the point, in the present case, if your sisters wish to claim, they ar equally entited as son, but all family membes can compromise and brig out the family settlement, which is not necessary to be registered under the the povision of Sction 17 f Registration Act , as being transaction between the close relatives.

Best Reards, Jai Karan Nagwan