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Atul Deshmukh   27 January 2024

I need to sell one of my property have succession issue

I need to sell one of my property earlier owned by my father, Uncle (Unmarried) & Grandmother the 7/12 copy have the names of the above after the death of my father, my mother added succession through my father of my mother, me & my sister. My uncle died a few years later post which my grandmother died few years later.

My Grandmother had 3 daughters who dispossesed (bond paper) their rights from the earlier property from which the above mentioned property was purchased.

Do the daughters still have rights or they can be challenged in court for succession or this matter could be resoved out of court? Or do I require  dispossession of rights from this property as well.



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     27 January 2024

Your grandmother's daughters have rights in the property or share out of your grandmother's share in the property.

Besides, your paternal aunts have rights over their deceased unmarried brother's share in the property in the capacity of legal heirs of their father (Class II legal heirs).

The revenue records are not title to the property hence you cannot acquire title to the entire property on the basis of the revenue records. 

Besides your mother and other siblings have equal rights at par with you over your deceased father's properties/share in other properties.

Therefore it is advisable you obtain a registered release deed from all the shareholders relinquishing their rights in all the properties by mentioning the details of entire properties and paying appropriate stamp duty towards the registered release deed.

Once you have completed this process you will acquire clear and marketable title to the ehntire property, any deviation in the procedure stated above will render defective title to you which will disable you from selling or alienating the property. 

 


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