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Oberoi   17 June 2018

Family deed worth it

Hi all There is one parental property in Delhi, which was in the name of my GrandFather. However after his death in 2010, it was transferred in the name of Grand Mother, where 3 sons and 1 daughter signed relinquishment deed in the name of Grand Mother, and now the file is in DDA office to get it freehold. And she registered the WILL as well in which it was clearly written that the property will be divided equally among 3 sons, and jewellery will be given to the daughter. All 3 sons live there and even i was staying there since my birth. However in 2015, my father expired and they all tortured us to go out of the house. After 6 months we shifted to another place and lock our rooms. Now the 2 sons and grandmother are calling, again and again, to vacate the rooms as it has to be used by another son and verbally saying that terrace is yours. Questions: Q1. So to get it in our name, is family settlement deed worth it? Q2. If we get it signed and grandmother gave another will or sign another family deed than what will happen? Q3. If grandmother refuses to sign the family settlement, then what can be the next step we can do to take our share? Please provide some valuable answers to get out of this.


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 4 Replies

R.Ramachandran (Advocate)     17 June 2018

It is not clear whether the Relinguishment Deed given by your father was REGISTERED or not.  Only REGISTERED relinquishment deed will be legally valid not otherwise.  (I have serious doubt that it would be a registered reqlinquishment deed.  You have to make discreet enquiries with the DDA authorities.)

If it was not a Registered Relinquishment Deed then you have a stronger case to demand your (your father's share) in the property of your grandfather.

Unfortunately, if the Relinquishment Deed given by your father happen to be a Registered one, then your chances of getting any share in the property is very very bleak.

Without knowing the above details, the question of any family settlement simply does not arise.  Yes, your grandmother can definitely change the WILL to deny any portion in the property to you people.

BETTER first try to find out from DDA the exact position about the relinquishment deed. That will hold the KEY to your problem.

 

Oberoi   17 June 2018

Yes, it is registered with the SDM court. 

Can she execute another WILL as we have one will which was already registered as said above?

Family settlement deed will work?

What else can be done to claim our rights?

 

R.Ramachandran (Advocate)     18 June 2018

No. The relinquishment Deed needs to be registered with the Sub-Registrar's office and not with SDM Court.

The Registered WILL can be cancelled and a fresh WILL can be written.

Family settlement deed will also work.

You have to meet with a lawyer in your area and discuss the matter with him/her.

Siddharth Jain   18 June 2018

how was it registered in SDM Court?

yes. your grandmother can execute as many Wills during her lifetime.

family settlement deed would also work in your case.
You can email me your documents at isidjain1@gmail.com for a detailed advise regarding this matter.

Regards.

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