A brother and sister have 50% share each on a property which belonged to thier deceased father. A release deed is executed with the sister as the releasor and brother as the releasee. At the time of execution of the release deed , both the sister and the brother have children who are thier legal heirs and are major in age. 1.should the legal heirs (children) of both the releasor (sister) and the releasee (brother) sign the release deed? 2.if the children of sister (releasor) have not signed the registered release deed (since they were not aware of the release deed execution) then can the children of the releasor go to the court the release deed to be cancelled and rightfully claim thier 50% share in thier grandfather's property?
18 June 2019
It is only LRs (legal representative(s) of deceased father i.e., brother and sister but not their LRs are the successor, if your mother is predeceased and you do not have any other class one (1) heir of your father. Therefore, none of the children of brother and/or sister do have any title, interest or claim in the property to be released/ relinquished. How do you claim the property to be part of HUF? It would be advisable to consult a local prudent lawyer for better appreciation of facts/ records, guidance and proceeding. However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, lawyer's Chamber Block, Dwarka Courts complex, Sector 10, Dwarka, New Delhi-75 Cell # +91-98911-52939 email: firstname.lastname@example.org
27 June 2019
Since brother and sister are legal heir and proper settlement deed is executed, no claim can be made by the legal heirs of sister. If there are any claim, take the help of local lawyer to guide you correctly after perusal of the document cited.