Ancestral property - please advise

Hi, 

once the Partition Deed entered and executed between the parties, then the other party does not have any right to reclaim it. It is also to be noticed in your case that,  your father is in possession of said property since very long period, then in that circumstances, he holds a very good right, title and interest upon the property.

 

Regards

Adv.Kishor Hajare

9930647734

After the proper and valid partition/relinquishment deed the siblings have given away their rights and status should change to self acquired.

1. First make it clear whether there was a partition deed executed and registered by all or it was relinquishment deed?

 

2. If it was relinquishment deed duly registered in favour of your father, then she has no further claim on her share of the property,

 

3. If it was parition deed, then certainly she can claim her share which was partitioned in her favour long back.

State clearly whether r not the Deed of Relinquishment was registered or simply by an Affidavit before a Notary relinquishment was done. Secondly, whether or not the Deed of Partition was signed by the sister who is now claiming her share in the property either as a co-sharer or otherwise and also disclose whether or not the Deed of Partition was registered. These informations are needed to give you appropriate opinion.

First of all I want to thank each one of you for sending your reply to my query. To answer Mr Ganguly and Mr Roys question, YES there was a partition deed done which was signed in the presence the registrar\notary as witness. YES this partition was signed by the sister  who is claiming the property now.

The partition deed clearly says that the property has been shared by 3 brothers at that time and it was all done after consent with the sisters and they signing it. They were also compensated at that time. The sister now is claiming that the signature was out of coercion.  Also this took place in 1982 and she did not claim anything till now because the value of the property was not great till now. Also the property documents have all come it is registered in my fathers name now. Thanks in advance for all the information.

@ Mr Chris' 

Legal status and authority of a Registrar and Notary are distinctly different.  All Deeds need registration before the Registrar only  but not before the Notary because a Notary is merely an Oath Officer under the Indian Oath Act. so he can  deal with the documents only and can register such documents. Partition is a deed which must be placed before the Registrar.for registration.

Unregistered partition deed has no value in the eyes of law.

Sorry about the confusion, this is a registered partition deed. To Mr Roy's comment, YES sir this was signed in the presence of the registrar. Sorry to confuse you with Notary. Also over the years my fathers share of property has already been transfered to his name. Now the property is registered in my fathers name. Thanks!

The lady may have no case.

Generate evidence of sister and her children admitting having signed the partitioned deed and received monies also from your father, grandfather (audio/visual) keep witnesses/evidence...........................and close the matter.

 

If still the matter lands up in court of law the court shall decide.

1. If it was a registered partition deed signed by her, then she has no further claim mon the said property now,

2. Relax now.

Thank you all for providing great information. I feel much better, may be thats why my dads sister has not proceeded to the court since they know they dont have a case. They have just been harrasing my father with phone calls and threatning to go to court for last 5 months. My dad has asked them to proceed but we have not recieved any court notice from any lawyer yet.

Thanks everyone once again

Resp. Team,

My name is Vidya tiwari from Lucknow.I need to discuss and need your valuable help for one of my big family problem.

i am having 4 members of family details are below:-

1- Vidya Tiwari (Me)

2-Vijay Tiwari (Husband , Age - 67)

3-Ashish Tiwari (Elder Son ,Age 26,Married, having 1 son-age 30 days)

4-Ayush Tiwari (Younger son ,Age-21,Single,Pursuing M.COM)

Sir, from last 5 year my husband is live in his village (Gonda,U.P.) and not given any type of support(Financially ,Morally,socially) to us including my sons because 5 year before he harrase my elder son ashish for leave his education in mid term and go to join any job and take responsbility of family.when i oppose my husband ,he beat me and my sons with iron rodd.

At that time i lodged complaint  in local police station against my husband. but because of some external family pressure and on behalf of morality i take back that complaint but i take a written proof with police station stamp from my husband as his acceptance and guilt of that dispute.

Sir after this incident he (Husband) going to his Village (Gonda,U.P.) and live permanently there in his Ancient home which he receive from his father.And my elder son Ashish,daughter in law surbhi,grandson & my younger son Ayush lives with me in Lucknow .And this lucknow house registred on my name.

Right now we (Me & My younger son) are totally depend on my elder son Ashish.Ashish holds all our responsbilities including his own family nicely and live with us happliy.But i am not given divorce to my husband.Also inform you that my husband is having his own responsbility and lives in his village.

Now the problem is from 1 years some of our relatives from my husband side in village, try to influence and pressure to favour him .they also try to make habit of drinking and chewing pan masala to my husband.They try to first make my husband addict and when he turn as a addicted person they purchase his ancient land in less price.Because my husband live there from 5 years and not try to connect in any way with us he also influnced from them and oppose us and my sons. when we going to village and try to inform him for this unlawfull behaviour of that relatives.But my husband not believe on us and try to make dispute with me and my sons.

Sir,Now i am afraid that if my husband sale his ancient lands than my sons never get his ancient rights.I want to stop my husband to sale his ancient lands without our permission.

Sir show me a lawfull path by that i can stop my husband to sale his ancients lands without our family conscent.and my sons get his ancients rights also.

Thanks & Regards

Vidya Tiwari

Lucknow 

Mrs Tiwari, I am no lawyer so I will defer to experts here. Hopefully someone here will help u answer ur questions.

@Chris: As experts lawyers opined, your paternal aunt has no claim towards her share in the property since the same has been properly partitioned and allocated with her share at that time itself. Even if she is coming out with a case, it may not sustain and she will never succeed.