Grand mother's property
Raghavendra
(Querist) 29 May 2012
This query is : Resolved
Hello sirs,
my Grandmother recently expired, and is survived by 3 children, 1 son and 2 daughters, also she has some property in her name(in Karnataka). now her son has taken signature of his 2 sisters on 20Rs bond paper claiming that daughters donot want any share in the property.
question:
1. are daughter's children eligible for their grand mothers property
2.can the daughters now go to court claiming share in the property.
thanks,
Raghavendra.
VENKATESH HEGDE
(Expert) 29 May 2012
MR Raghavendra,
for the 1st question, If your mother don't want a share in her mothers property, you can not claim on that property.
For the 2nd question,If it is a release deed & accordingly registered,you can not file a case before the court. Better consult a local lawyer with all documents.
Deepak Nair
(Expert) 29 May 2012
The said instrument made in Rs.20 stamp paper is not valid and legal. The said sisters shall execute a registered release deed or deed of relinquishment to transfer the share to their brother.
Shonee Kapoor
(Expert) 29 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
G. ARAVINTHAN
(Expert) 29 May 2012
sisters can file a suit for declaration seeking the release deed obtained on coercion and to declare it as null and void so as to enable to partition
Adv.R.P.Chugh
(Expert) 29 May 2012
File a suit for partition - the 20 Rs bond paper is only worth the paper it is on. only a registered relinquishment deed extinguishes the right.
Daughter's children cannot seek partition in property of mother's coparcenory during lifetime of mother, because there is no double coparcenoryship.