Release deed

Property inherited upto 4 generations of male lineage (undivided/ unpartitioned) is ancestral property.

If divided it loses its ancestral character.

Property inherited from mother is not ancestral property.

Originally posted by : Vaishnav
	Dear experts, I have a query on getting release deed from my aunt (Sister of my father) regarding ancestor's property. We have plan to do house partition among us (Uncles, i.e.. Elder brother of my father and younger brothers of my father) on our ancestors property old house at Thanjavur (Built by our great grand father on 1950's). However, my aunt is ready to sign while on the partition as she already got married on 1970's with adequate expenses which equates property value now, where my dad's is not like to be so. On the other hand, son of my aunt who is married now claims the house as equal since that is ancestors property and least bother about the expensive marriages which has no proof for that. Now my concern here is whether getting release deed from my aunt is sufficient along with this partition. If so whether my aunt's son can still claim on this case. Thanks in advance.

If your father does not agree then there is issue and amicable partition deed (registered) may not be possible.

In that case court of law is to be approached.

Regret to know that you father is NO more.

Your previous posts does not inform about death of your father.

It is beleived that you are all HIndu.

Confirm!

ClassI legal heirs of Hindu male have 1st right and equals share i.e: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters...............

They step in the shoes of deceased father.............

Is the property really ancestral?

Property lying on the female name (though it is ancestral) cannot be treated as ancestral and it is her exclusive property.  Your aunt can release the property. Her son cannot claim the property. 

The responses to the query are with limited understanding.

Already one wrong impression was lead by querist due to unclear post from Querist about his father being not alive…………

It shall certainly be better to consult A senior local very able counsel/Law Firm of unshakable repute and integrity and worth his salt and specializing and having proven successful track record in revenue/Civil matters and having expertise in such contentious matters………………..and show all docs on record and give inputs in person.

As an adult/mature person you might have come across real life situations or publications on good cases falling flat in courts of law.............due to many factors including but not limited

to............incompetence of PIP/lawyer(s) or dishonest lawyer(s) or insufficient evidence with aggrieved party although genuine and honest or competence of PIP/lawyer(s) of OP................

There are unlimited numbers of threads at LCI indicating same............and also unsuspecting querists being allured and fleeced at online portals.

You may obtain mutation records with all links docs and show it to your counsel(s) along with inputs on how it was enjoyed, and your counsel may opine if the property is ancestral (Pushtaini) or not.

Your counsel can also opine on all other related/ancillary/supplementary/additional queries that may occur to you.

You may go thru;

Central Government Act

The Hindu Succession Act, 1956

14. Property of a female Hindu to be her absolute property.—

(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescripttion, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.

https://indiankanoon.org/doc/685111/

If son of your Aunt agrees to sign as witness nothing like it.

Even by simple matter of inheritance; your father’s share shall devolve upon his ClassI legal heirs.

Likewise share of your father’s father (and also father of your aunt) by simple matter of inheritance; shall devolve upon his ClassI legal heirs including your father and aunt, both of them being his son and daughter. Being Co-owner/sharer they can dispose their share in each other’s favor by a valid/registered deed e.g; Release/relinquishment/Gift deed…..

Gift deed is without consideration.

Relinquishment can be with or without consideration.

Both are irrevocable.

Except that court of law can revoke on valid grounds and facts and merits of the case.