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prasad (executive)     10 December 2024

Distribution of property - reg.

Dear Sirs / Mesdames

My cousine has, one father, one elder brother and two elder sisters and all are married alongwith my cousine.

Even though, my cousine has did lot of sacrifise for his parents by forgoing a good Bank job and helping his parents physically and some times financially in constructing a house on his father's self acqired residential plot in hyderabad he bacame enemy to his family. 

My cousine's mother has a residential plot admeasuring 200 sq.yards property (which was funded by my cousine's father, since she is a house wife) in her name in hyderabad and my cousine's father has one residential plot in Gutur, Andhra Pradesh state.

My cousine's mother passed away recently, just 2 months back, without making any will for the property which is in her name.

Now, my cousine's father wants to gift  the property to my cousine's elder brother and asking  all his 3 children to give their Aadhar cards duly signed to get leagal heir certificate and after obtining  leagal heir certificate he wants to gift the property in my cousine's elder brother name by obtaining relinquish deed from all the leagal heirs. 

In this connection, my cousine's father promising my cousine, that he will gift his self acquired residential plot of 200 sq.yards at guntur in my cousine's name,  after gifting his deceased wife's property to his elder son, since my cousine denies the act.

In this connection, it is to state, that my cousine's father and all his siblings are not  favourable to my cousine. 

Hence, my cousine is suspecting his father's promise and requesting his father to gift his property at Guntur, Andhra Pradesh first and then he will cooperate for gifting the property of his deceased mother in the name of his elder brother.

But, my cousine's father as well as his siblings are very angry with my cousine's above decision and pressurising him to submit his Aadhar card duly signed to proceed for gifting the property of my  cousine's mother duly making him one of the leagal heirs.

Please adivse, how  my cousin should act at this juncture.

Regards.

 

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 December 2024

If your cousin is suspecting that his father may play a double game and cheat him without giving any property in future then there is no compulsion on him to sign the release deed.

Instead he can file a suit for partition and claim his rightful share out of his deceased mother's property with separate possession.

If your cousin resorts to legal action they may come for compromise settlement to transfer the other property to him simultaneously.

Even otherwise he will not be a loser.

kavksatyanarayana (subregistrar/supdt.(retired))     10 December 2024

As the house is in the name of your cousin's father, it is his father's property and hence he cannot claim anything in the property during his father's lifetime.  He with his siblings and father has an equal right over the property in his mother's name.

prasad (executive)     11 December 2024

Sirs,

Thank you very much for your advice.

As you have correctly inferred, my cousine's father and my cousine's siblings may definitely play double game, since my cousine does not have good relations with his father and his siblings.

As you advised,

a) Can my cousine file a suit  for partition and claim his rightful share out of his deceased mother's property with separate possession, even after, the property was gifted to my cousine's elder brother's name by my cousine's  father and my cousine's siblings duly obtaining leagal heir certificate and executing relinquish deed,  without the knowledge of my cousine.

b) If (a) above, is yes, within how much time my cousine can claim for his share in the property.

c) Can my cousine able to claim his share, even if the subject property was sold by my cousine's elder brother soon after gifted  to him, without my cousine's knowledge.

Hope, I can get your precious advises to the above please.

Thank you



T. Kalaiselvan, Advocate (Advocate)     11 December 2024

a) your cousin's share in the property cannot be transferred by a gift deed to his brother by his father, that is why he has been advised to file a suit for partition.

b) The time taken for disposal of a civil suit cannot be predicted owing to various factors involved in it.

c) Yes, he can by filing the suggested suit.


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