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Discussion > Property Law > Disputes > HUF Property rights   Unanswered Threads Post New Topic

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There are 7 Replies to this message


Daughter


None
[ Scorecard : 42]
Posted On 10 November 2010 at 23:59 Report Abuse

Dear Sir/Madam,

I'm a 56 year married lady (married in 1975) whose father had a HUF property (land plot) with my name, my brother's name and my mother's name on the property card. My father built a residential building during his lifetime on this plot (located in Mumbai).

My father passed away in 2002 and left a 'will' giving the entire building to my brother. As soon as my father passed away in 2002, my brother made me sign a 'relinquishment deed - relinquishing my 1/9th share for my father's HUF property" without explaining what it meant.  I was also made to sign a letter requesting my name to be removed from the property card.

Now, he wants to break the building and make a fortune in re-development. Do I stand a chance to claim part of the fortune from the property even though I have signed the "reliquishment deed" 8 years ago?When I saw the property card a few days ago - it still had my name on it! Is there some legal loop hole that I can use to stop my brother? Is it true that I could not relinquish my HUF property with it being partitioned?

Any inputs would be of great help in stopping my brother from doing this injustice to me - especially in this age of equal rights for sons and daughters!



Daughter


None
[ Scorecard : 42]
Posted On 11 November 2010 at 00:01 Report Abuse

Small typo, my question is " Is it true that I could not relinquish my HUF property WITHOUT it being partitioned?"


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 34552]
Posted On 11 November 2010 at 06:15 Report Abuse

Whether relinquish deed is registered?  If it is not regd., then your brother cannot do anything without partition.  You can relinquish your share without the partition.

If you have relinqushed your share to your brother  he can make compromise with the other co sharer and he may get his share along with your's at one side.


Daughter


None
[ Scorecard : 42]
Posted On 11 November 2010 at 09:22 Report Abuse

The deed was taken on stamp paper hence I'm assuming it was registered. Is that correct?

Is there no other legal recourse I can take?


Member (Account Deleted)


JUDGE
[ Scorecard : 5925]
Posted On 11 November 2010 at 14:51 Report Abuse

As per the Hindu succession act 1955 as amended in 2005 When there was a disposition of  property deed executed on or before 20.12.2004 it will bind the co-parcerners (women) and the married women cannot claim any right from the Joint family property.

Moreover the the will has been executed by your father and now it is in force (after the death of father)

Moreover the you have executed a relinquishment deed (release deed) If it is a registered deed your rights has already been relinquished.

That you has no other option to stop your brother's activities.  because he is legally entitiled and legally safe to do whatever he likes in property devolved upon the will executed by deceased father.


Manish Jain


Proprietor
[ Scorecard : 26]
Posted On 11 November 2010 at 16:36 Report Abuse

the deed needs to be registered. the deed made on stamp paper needs to be registered further & the process needs to adopt for the same.

kumarasrinivas kanigiri


PRIVATE PRACTICE
[ Scorecard : 39]
Posted On 12 November 2010 at 22:01 Report Abuse

 

if you have relinquished you right in your property, you lost your right over the property unless you prove that you have signed in the document under threat , coersion , or under undue infulence.  if the deed is not registered, you can have the right. 

 


Mona


dont know
[ Scorecard : 70]
Posted On 20 November 2011 at 10:56 Report Abuse

Hey Daughter,

Why would you sign those papers.  I am with you.  My brother came to me and my sisters to sign off the property which is in HUF.  We denied it.  It is not fair that you go through lot of trouble while you are growing up as a daughter,  cook, clean, babysit your brother and sister and than in the end who gets everything?  THE MALE child.

Mona



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