Please answer i am mentally depressed due to this


my name is rishi .I have the following family members: *2 sisters *1 brother *1 mother We had an ancestral property of 40 acres Out of which my father before his death registered 25 acres in my and my brother name jointly.and rest 15 acres he gave unofficially to my mother and he died without any will.so now I think that 15acres would be equally divided among: *my mother *my brother *my 2 sister *and myself So this was the situation and "now" my mother and my sisters are ready to release their shares in my name through relinquishment deed or gift deed.so the problem is actually that 15 acre is still in the name of dead father i.e.it is not yet partitioned so my questions are: 1..will the relinquishment deed will work when shares are not registered in my sister's name? 2 without partition can relinquishment deed can easily challenged in court because my brother would definitely challenge the deed? 3( most important). If my sister along with my mother transfer their shares in my name through deed without partition and after that if I along with my two sisters and mother file a for partition will it work and if not than please tell me another to get the shares without partion ?
 
Reply   
 
FIN

Meet patwari and understand the procedure for trabsfer of land in name of all ClassI legal heirs.

Obtain death certificate and file affidavit for Legal Heir certificate and you can get in same day.

 

Submit documents for change in mutation record in the name of all ClassI legal heirs.

 

Obtain Fard shwoing 'Virasat Ka Intkaal'.

 

Thereafter anyone that is willing to relinquish may sign the relinquishment deed before Sub-Registrar.

 

Sekk help of an able counsel specializing in family/property/revenue/civil matters.

 

 

 
Reply   
 


Advocate Solicitor & Consultant

Rightly suggested by Sh Kumar Doab relinquishment deed even workes before actualpartition it only relinquesh the right to own in favour of the other share holder (You). You are requested to please get the mutation done by the concerned patwari as "Virasat ka Intkal (Mutation) in favour of all the legal heirs of your deceased father and then after by the way of the relinqueshment deed in your favour you apply with Sub-Registrar to transfer the other's share relinqueshed property in your favour and in your name and then get mutated with the tehsildar of the area as to fulfill the revenue records. There will not be any problen in doing so and your brother will not be able to become any problen in this whole process.as before any partition registered in the name of the holder they can relinquesh their rights in property in favour of any one's share holder among themselves (Only).

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu