Land dispute
MG N RAO
(Querist) 30 May 2016
This query is : Resolved
Hello Sir,
We are family of five children to our parents one son and 4 daughters. My father owns a property viz a piece of land of 800 sq yards in the state of telangana.my father died intestate.i am the son. when he died all were minor and thereafter we all relinquished the property in the name of our mother. after that my sisters hatched a conspiracy and got 400 yards written in their name from my mother by deceit without my knowledge. after that she was subjected to humiliation. so she wanted me to get it cancelled and i got the gift deed cancelled and she in turn executed a gift deed in my favour for 600 out of 800 including the one my sisters got from my mother. now, 2 of my 4 sisters have filed a case for partition suit and are claiming equal share. now, the case has reached examination stage. now, my query is whether once a relinquishing deed is done what right my sisters will have. 2. since the gift deed was cancelled and fresh one executed my name is it not legally correct. 3. when my father passed away all the children were minor does that not make my mother a natural guardian without relinquishing deed does she not become a owner on her own or what we done was a necessity because we lost lot of money in the process of registration.several people advised that we were cheated. now, what is the legal stand can you please clarify. if we have to share with our sisters we have a sentimental value for this property can we not tell the court that since they want to dispose it we will pay them the market value and that the property be with us. is this possible. how long will it take to settle this matter in court. can any one please suggest as we do not want dispute and my mother wants this to be settled peacefully as she is in advanced age.
thanks, n rao
Kumar Doab
(Expert) 30 May 2016
You may post full information e.g;
Which personal law applies to deceased owner(s) : Father /Mother?
The piece of land is; Agriculture or urban?
Is the land self acquired/earned/ancestral/HUF?
The owners died in which year?
Was the relinquishment deed registered? When it was signed all were major?
Did the mother gift 400 sq yard by a registered and valid gift deed?
Did donor and donee sign cancellation of gift deed?
Have you consulted an able counsel? If yes what is your counsel's opinion?
MG N RAO
(Querist) 31 May 2016
thank you for the response
Hindu personal law
land is urban
father died in 1984
relinquishing deed executed in 2003 all were major.
yes mother gifted 400 sq yard by a registered and valid gift deed.
no only donor signed the cancellation of gift deed.
yes but we are not having enough faith as the lawyer appears to have collusion with the petitioner.
can you also please guide and suggest one good lawyer in hyderabad.
Kumar Doab
(Expert) 31 May 2016
You have not replied to : "Is the land self acquired/earned/ancestral/HUF?"
Apparently after valid relinquishment deed Mother became full owner.
Apparently the gift deed cancellation may not be valid.
MG N RAO
(Querist) 31 May 2016
sorry sir, land is self acquired by my late father and as per the law of erstwhile andhra pradesh (now telangana) the daughters have a share in the property is what the lawyer says. is that correct and my father also owns an ancestral property in the partitioned andhra pradesh what is the law on ancestral property kindly enlighten me please.
Kumar Doab
(Expert) 31 May 2016
The succession opens on date of death of owner.
If until 2005 (before Hindu Succession Amendment Act,2005) the property was not partitioned the daughters may have share in ancestral property. It is to be seen whether the property is indeed ancestral.
Moreover you have posted that the relinquishment deed was signed. It is to be seen, what all was included in it.
Rest you may show all docs on record to a very able counsel well versed with local laws and specializing in family/property/revenue/civil matters.
You can check in LCI databank for Lawyers from Hyderabad.
T. Kalaiselvan, Advocate
(Expert) 04 June 2016
The landed property that was self acquired by your father devolved equally on a;ll his legal heirs consisting of his wife, children and mother (if she was alive during his death) upon his intestate death.
Since the children were minors at the time of his death the property was involved with minor interest hence it cannot be alienated by anyone including the mother who is presumed to be a guardian.
If the children after becoming major and have relinquished their rights in the property in favor of their mother and the said release deed was a registered document, then as per that the mother becomes an absolute owner of the property.
The mother after acquiring the entire property had executed a registered gift deed or transferred a portion of property to sisters by a registered document which is considered to be a legally valid alienation.
The mother cannot revoke or cancel the gift deed once executed in favor the donees unilaterally or without a court order. Any such act of cancelling the registered gift deed unilaterally by her shall be an illegal and invalid act.
The unilateral cancellation shall not be binding on the donee.
The donee has a right to challenge the same instead she chose a wrong path seeking partition of the property which was already partitioned and the shareholders have already alienated their share in the property by executing a registered release deed in favor of one of the shareholders.
Therefore the partition suit is not maintainable.
At the same time the cancellation of the gift deed by your mother is also not valid.
Further the execution of a fresh gift deed in your favor by your mother with regard to 600 sq. yard is also not valid in the eyes of law because literally she do not possess 600 yards of landed property.
You must discuss with your lawyer or take a second opinion from a different lawyer about the case and the facts of law while you do not want to waste more time and money on litigation
Kumar Doab
(Expert) 04 June 2016
Hope you are satisfied.
Engage an able counsel.
MG N RAO
(Querist) 06 June 2016
if the gift deed cancelled is illegal unilaterally as stated by you sir, then how the registration office sub-registrar has done this as he has collected huge money from us for cancellation as well as registration apart from the normal govt. fee which we paid. do you mean to say that the official took us on a ride. how can an official do like this is he not bound to act by the rule and law.all the above deeds are registered and we intend to develop the property and out of that we also want to share a flat each to our sisters but they want to exhibit to the world that the property belongs to them as well and sell it away. since it has lot of sentiments attached with it can we not pay the market rate to our sisters and retain it. can this be the solution can we express this sentiments before the judge and request for closure of case. since my mother is in advanced age and wants everything to be settled by her. can you please suggest for the last time whether the above will stand legally.
Kumar Doab
(Expert) 06 June 2016
The posts in the thread are best impression as per the facts posted by you and finally you have been prompted not to err again.
It has already been suggested that you may engage a very able senior and seasoned counsel, even if for second opinion, specializing in family/revenue/property/such matters and well versed with local laws.
Rajendra K Goyal
(Expert) 10 June 2016
Well and advised in detail by the experts.
Registered gift deed can not be cancelled unilaterally by the donor without the consent of donee. If challenged, the registered cancellation deed would be set aside.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
Law cannot settle things on sentimental values. You have to giht it out legally on the basis of evidences in your possession and the position of law involved in this issue.
You cannot get complete set of procedures to be followed through such forums like this, you can get hints and suggestions on how to handle the crisis as well as other practical issues accordingly. The further matter has to be strategically dealt through your wisdom technical expertise of your advocate which when you get involved properly you will come to know how to handle them.
Kumar Doab
(Expert) 10 June 2016
You have been advised in detail.
Now engage a very able senior and seasoned counsel, even if for second opinion, specializing in family/revenue/property/such matters and well versed with local laws.
Try to be in agreement with facts of the matter and realities and attempt to get a registered family agreement.
Rest your able counsel can appraise you further.
