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Rishad (NA)     06 March 2017

Right to ancestral property even after giving release

My father has two brothers, one elder and the other younger. The property was in the name of our fore fathers(some three four generation back). More than 20 yrs back (start of 90's) my fathers elder brother gave an assurance that we will make the property in the name of small brother and they would partition the property later. Basis this assuarnce my father gave a release in property. This release was taken from all those who had the right in the property and the property was made in the name of my fathers younger brother. My Father had given release from ancestral property in the name of his younger brother 20 yrs back only on the assurance that he would get his share in the property later on. My father wanted to build a house in the ancestral property in early 2000 but before he could do anything he passed away in 2004. Both the brothers (still alive) knew this fact that my father wanted to build his own house in the ancestral property and the younger brother says that he will give my fathers share to us (but is making excuses to give the share after a few years) when i asked my fathers share, but as my father has given the release not sure what options are available to me and my brother/sister to get our fathers share of the ancestral property. what if my fathers younger brother denies any right of us in the property what can be done by us in such a case. Please suggest.



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 7 Replies

Adv Shailendra Deshpande (Lawyer)     07 March 2017

Dear Friend,

It seems that your father and all relevent relatives had given their right on property & it is now vested in the name of your uncle, hence legally your uncle is owner of it. Now it shall not be treated as Ancestral proprty in the eye of law but as self acquired property of your uncle. Since many of relatives had consented; you can not take defence of tort against your uncles as well. The time is also elaspsed hence it is not possible for challenge the release as well. Hence at this moment you can atleast have  mutual discussions & if your uncles agree, then there is possibility of getting your share.  

Best Wishes.

Shailendra M. Deshpande

1 Like

Rishad (NA)     07 March 2017

Thanks Shailendra for the advice. Just to add on I have spoken to my fathers elder brother and other people entitled to the property (who have also given the release) and they have given their full support and concurrence to my fathers right in the property and also support me in case the younger brother denies my fathers right to property. My uncle (elder brother of my father) has promised he will sue his younger brother and claim his share in the propertyand give it to us (as my uncle is a bachelor and doesnt have a family of his own) if the need arise. Can my uncle legally sue for his rights in the property even after giving release and obtain his share. what are the options available to him. Please suggest

Rishad (NA)     08 March 2017

Thanks Shailendra for the advice. Just to add on I have spoken to my fathers elder brother and other people entitled to the property (who have also given the release) and they have given their full support and concurrence to my fathers right in the property and also support me in case the younger brother denies my fathers right to property. My uncle (elder brother of my father) has promised he will sue his younger brother and claim his share in the propertyand give it to us (as my uncle is a bachelor and doesnt have a family of his own) if the need arise. Can my uncle legally sue for his rights in the property even after giving release and obtain his share. what are the options available to him. Please suggest
 

Adv Shailendra Deshpande (Lawyer)     09 March 2017

Dear Rishad,

You have not cleared the current status whether you or other claimant had word with your uncle about share in property or your uncle's stand. As an option, Legally you can sue in which case it will be dependent on court to make final order as it deem fit.

Best Wishes,

Shailendra Deshpande. 

1 Like

Rishad (NA)     09 March 2017

Thanks Shailendra for the revert. The current status is that my uncle (in whose name the property is) is saying that he will give my fathers share but he is not committing when and how much. Also I spoke to the other claimants (other brother and sister of my father) about the situation where I am denied my fathers right and they assured me that in such a situation they are ready to sue my uncle in whose name the property is and they would give me their share if I have no legal recourse. I fear my uncle (who owns the property) might sell the property without informing anyone. Wanted to know if the other claimants who are still alive can still sue for their property share. Truly appreciate your advice. Thanks

Rishad (NA)     12 March 2017

Thanks Shailendra for the revert. The current status is that my uncle (in whose name the property is) is saying that he will give my fathers share but he is not committing when and how much. Also I spoke to the other claimants (other brother and sister of my father) about the situation where I am denied my fathers right and they assured me that in such a situation they are ready to sue my uncle in whose name the property is and they would give me their share if I have no legal recourse. I fear my uncle (who owns the property) might sell the property without informing anyone. Wanted to know if the other claimants who are still alive can still sue for their property share. Truly appreciate your advice. Thanks

Adv Shailendra Deshpande (Lawyer)     14 March 2017

Dear Rishad,

It is now better to consult legal advisor in your area for proper advice about legal suit.

Best Wishes.

Shailendra Deshpande.


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