25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Release of joint right in the property

(Querist) 08 July 2009 This query is : Resolved 
Dear Friends

One of my client's father acquired the property under registered Partition Deed (the property is ancestral), subsequent to intestate death of his father all the brothers and sisters have released their joint right by way of registered release deed in favour of my client. I would like to know whether legal heirs of brothers and sisters of my client can claim any right over the said property. The release deed has been registered in the year 1990.

Please advise me.

Dathathreya Bhat
G. ARAVINTHAN (Expert) 09 July 2009
they cannot question the release deed only if the release deed is signed by all the legal heirs of your grand father
sanjeev murthy desai (Expert) 09 July 2009
Dear Dathathreya Bhat G.

Yes offcourse legal heirs of predeseaced brothers and sisters have birth rights in their ancestral property. Birth rights in the ancestral property devolving up to son, son's son, and son's son's son and daughter, son's daughter and son's son's daughter.

But above said persons should be exists of their rights at the time of execution of Release. Subsequent birth rights in their ancestral property cannot claim.



C.S.(OS) 944/2004

Decided On: 24.09.2007

Appellants: Master Gaurav Sikri and Anr.
Respondent: Smt. Kaushalya Sikri and Ors

In this case Delhi High court of held that son's son during the life time of son would not inherit from the grand father.

Still iam researching on this issue.. if i found i will share with you..

sanjeev desai

Manish Singh (Expert) 09 July 2009
please clarify whether it is case where under the partition deed, all the other heirs have released their shares for considderation.
Guest (Expert) 09 July 2009
My dear Mr. Sanjeev Desai,

You are really very good in answering the matters related to property.
Uma parameswaran (Expert) 09 July 2009
My opinion is that If legal heirs of the sisters and brothers are major at the time of execution of release deed they can claim.Otherwise could not.
sanjeev murthy desai (Expert) 10 July 2009
Thank You Mr. Prabhakar
Harinarayan R. Tripathi (Expert) 11 July 2009
In reply of your query, Mr. Sanjeevbhai have given a very well and valuable answer.

However, I say that once the property is ancestral than by its very nature, transfer of ancestral property compulsarily needs consent of other interested partys i.e. family members, but they needs to be in existance at the time of transfer of the property (including a child in womb).

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Expert of the Month

Post a Suggestion for LCI Team
Post a Legal Query