Property

This query is : Resolved 
 


Querist : Anonymous (Querist)
06 December 2011

Dear Sir,

Please give your reply to my query:

Father in law acquired the property from his own income. Later on Father in Law transfered the property through will to his elder son and younger son's jointly.


The younger son died intestate and the share of younger son is confered to his wife and childern. Lateron Childern of younger son Relinquish their right in favour of her mother by way of registered Relinquish deed and the elder son and younger son's wife (mother) gets the property in her name mutuated in L&DO records.

The Elder son & deceased younger son's wife have made the partition of said property though registered partition deed.

There were three childern of deceased younger son. Two were major and one was minor. The mother showed that she has two major childern only aand those two major childern by way of registered Relinquishment deed transfered thier share. By those registered Relinquishment deed mother transfered the property in her name. The purpose was only to get her name mutuated in L & DO records not cheating third child as third child was minor and cannot relinquish his share.

Although third child is now major and no problem that mother has shown two childern only to get property in her name for the purpose of doing her name muttuated in govenment reords.Third child is willing to let his share Relinquish. In between mother has transfered some property also to some other party also.

Now we have following queries:

1. Whether registered Relinquishment deed by two major childern will be valid.

2. Whether other parties to whom property was transfered will have defected tiltle.

3. Whether is there is now requirement that the third child also relinquish his share. Whether this step would made others who have purchased property from mother have titile clear.

4. The other two childern who have relinquished their share can contest that they still have share in the property.

Thanks a lot for your support




Devajyoti Barman (Expert)
Click to Talk
06 December 2011

1. Definitely not. It is with regard to their respective 1/4th share only, not that of their minor brother.
2. Yes absolutely.
3.Yes he can either relinquish or execute gift deed regarding his share.
4. No merit in their claim.

Rajeev Kumar (Expert)
06 December 2011

1. No 2.yes 3.yes 4. No merit in the case

Shailesh Kr. Shah (Expert)
06 December 2011

Aptly answer by Mr.Barman and Mr.Rajeev.


Querist : Anonymous (Querist)
06 December 2011

Dear Sir,

If registered Relinquishment deed by two major childern is invalid, then why there is no merit in their claim.

Two major childern have relinquish there share 10 years back. Now what is the status of property,whether apeart from minor son( now major) can anybody elase claim share.

Shailesh Kr. Shah (Expert)
06 December 2011

Question:If registered Relinquishment deed by two major childern is invalid, then why there is no merit in their claim.

Answer: no, its not invalid.

Question:Two major childern have relinquish there share 10 years back. Now what is the status of property,whether apeart from minor son( now major) can anybody elase claim share.
Answer:Both Major sons can't legally claim their shares.

ajay sethi (Expert)
Click to Talk
06 December 2011

agree with shailesh shah

raj kumar makkad (Expert)
06 December 2011

I also endorse the views of Shah.

Kishor Mehta (Expert)
07 December 2011

Sir,

What starts with a wrong procedure is always illegal and no matter what arguments are put forward it can not be made correct legally.

In this matter, whatever the intentions, but the procedure followed is absolutely illegal.

Primarily the rights and interests of a minor have to be protected at any cost.

The relinquishment by the major sons transfer only their shares in the property to their mother, however mother does not become entitled to the entire property, and any transaction by the mother in regard to the property, wherein the minor also has a share, is invalid.

Kishor Mehta



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