Division of inherited property

Rahul fulfafagar (Querist) 05 August 2022 This query is : Resolved
Hello

There are total 4 siblings, 2 brothers, 2 sisters. Our father had self acquired a property when he was alive and after his death he did not leave any will. Our mother is still alive. Now after sometime there were some unlawful pressure was given by one of the brothers to other siblings and because of that all the 3 siblings signed and gave the whole property to that brother. Now it has been registered under his name. If we want to make a claim on that property now can we do that, will it be possible to get a share in the same. Also what can be the ways in which we can claim share.
Thank you for the help in advance.
Any response would be high appreciated

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Four siblings were pressured into signing over their father's self-acquired property to one brother, with the deed now registered in his name. The other siblings are seeking to reclaim their share, arguing the relinquishment was not voluntary but under duress. Legal advice suggests filing a suit to cancel the relinquishment deed due to coercion, after which a claim for a share can be made. However, if the relinquishment was via a registered deed, challenging it may prove difficult.

kavksatyanarayana (Expert) 05 August 2022
Once you have relinquished your rights over the property, how can you claim now?

Rahul fulfafagar (Querist) 05 August 2022
Thank you for the response

The claim has risen due to the fact that it was not voluntary, this was something which was forced upon without any consent.

Hope this answers the question

Advocate Bhartesh goyal (Expert) 06 August 2022
Firstly you have to file suit for cancellation of relinquishment deed as it was registered under coercion undue pressure and get cancelled the relinqueshment deed thereafter you can claim your shsre in property.

Rahul fulfafagar (Querist) 07 August 2022
Thank you for the reply Bhartesh Sir, really appreciate it.

P. Venu (Expert) 07 August 2022
Was the relinquishment executed through a registered deed? If so, it is rather impossible to get the relinquishments declared void.

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