Grand father property.
Patil
(Querist) 26 July 2016
This query is : Resolved
Dear Members,
I need one advice.
My grand father owned one land which was transferred to my grand mother after his demise.
My uncle (My father's younger brother) told my father that he should transfer (Relinquishment) his share of property to him and in exchange he will purchase and give him some other piece of land.
My father signed (Relinquishment) and given that property to my uncle thinking he will get land some day.
My father did this in 1985 and now my father wants his share (in 2016) but the uncle is denying to give anything.
My father has some letters (written by uncle) where he had mentioned that he will give his due share.
Request you to please tell me whether is it possible by any legal path that we will get our due share?
Many Thanks.
Kumar Doab
(Expert) 26 July 2016
"My father did this in 1985 and now my father wants his share (in 2016) but the uncle is denying to give anything.
"
31 years are over.
Your father is alive.
Limitation may be an issue.
However you may show all dcos on record to a very able counsel for a considered opinion.
P. Venu
(Expert) 26 July 2016
Was the relinquishment registered and/or mutation carried out on that basis?
Patil
(Querist) 26 July 2016
Yes my father is alive and the relinquishment is registered.
Rajendra K Goyal
(Expert) 27 July 2016
Your father possess an old letter. Court may not accept the letter after such a long time.
Discuss with local lawyer and show him all the documents.
Guest
(Expert) 27 July 2016
Was there any specific reason for your father not stressing for his claim to your uncle to get land in lieu of his relinquished land for all these 31 years?
Patil
(Querist) 27 July 2016
Dear Members,
Thank you for your replies.
My dad always told my uncle all these years but being a good relation never forced him.
Do you still feel by any chance we can get the property share?
Guest
(Expert) 27 July 2016
No chance.
Kumar Doab
(Expert) 27 July 2016
You have been advised to the extent you have posted.
Beyond this, you may show all docs on record to a very able counsel for a considered opinion.
Your counsel, if possible, may suggest some strategy and course of action.
J K Agrawal
(Expert) 27 July 2016
I thank all my friends who advised very well. in such a case there is no chance but I think slightly differ.
After grand father, the property was muted to Grandmother only. No body else raised any objection means the property in hands of Grand mother was her absolute property. If you can prove as such, the relinquishment deed remains of no use. When your father was having no interest in property during lifetime of your Grand Mother he was having no right to relinquish any part.
Your father is having fresh inheritance right after demise of your grand mother.
Carry on.
Guest
(Expert) 28 July 2016
Agrawal ji,
Thanks for your observation. But that can be due to the deficient description of the querist having not made any mention of the demise of his grand mother. Even in your observation, you have missed one more drawback in the statement of querist, where he stated, "land which was transferred to my grand mother after his demise." The question arises, how that property was transferred to his grandmother, when both the sons of the deceased were also entitled for their shares. But he never stated whether his father and his uncle relinquished their share in favour of their mother on the demise of their father. All these drawbacks were clearly indicative of the query being hypothetical.
So, the query of the querist being purely of an academic nature, my answer "no chance," was quite brief on his question, "whether is it possible by any legal path that we will get our due share?"
Even on asking about the silence of his father for 31 yeas about not asking for his share, the clarification of the querist was not satisfactory, as nobody waits for 31 years to claim his share, when promised some alternative property. So, my answer was quite brief, as I knew the querist was desirous of detailed reply to solve his law scool exercise, which in itself was deficient.
Had he really been concerned about the problem about his father's share of property, he would not have restricted to his very brief statement. "the uncle is denying to give anything." He would have stated the whole background iof what efforts his father and he would have tried for all these 31 years, but failed.
But, now if you want to provide the querist a complete solution to his academicx query, you may continue with discussion. Now even if you continue with the discussion, he is likely to come with a supplementary question asking for some case laws on the issue.
Hemant Agarwal
(Expert) 03 August 2016
1. While agreeing with the Strategy of Shri J K Agrawal (Advocate), that nobody can relinquish what is not his, more so the Title-Ownership of an immovable property and further more so specifically a "DEEMED" right as a heir apparent or whatever.
2. In lieu of the above, technically the "relinquishment deed", is null and void, ab initio.
3. Irrespective of the period (time lag of 31 years), AND subject to availability of the relevant documents, one can always file a civil dispute, for the share-ratio of Grand-Fathers property.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 03 August 2016
You may act upon the advises of experts.
