property
Querist :
Anonymous
(Querist) 01 May 2010
This query is : Resolved
Sir, please clarify :
The case in brief: The old man Mr.A died inestate leaving nearly 15 acres of land. The property was equally divided among the sons and one of the sons, Mr.B got 5 acres of land as his share. Now forty years have passed. Mr B earned a good amount of fortune and now he is 73 years old. He made a will wherein he gave his earned properties to his 4 sons and the 5 acres of land to his widowed daughter, which he got from the old man Mr. A. Now one of the sons is creating problems, demanding that ,in addition, he should also be given 1/5th share of the 5 acres of his grand father's property if not,he would go to the court of law. Mr B is upset and now he wants to know whether his agitating son can go to the court of law against the wishes of his father and brothers. What legal steps should be taken to stop his son from going to the court and to retain the property to the widowed daughter?
Jithendra.H.J
(Expert) 02 May 2010
yes he is having right to go to court.
the solution is make deliberation with him and get relinquishment deed
niranjan
(Expert) 02 May 2010
When the ancestral property is divided,then the sharer enjoys that property as self earned property and looses its characterstics of ancestral,so B's son cannot get any share out of that land.
Querist :
Anonymous
(Querist) 02 May 2010
Thank you Sirs. The two views are exactly opposite to each other. Any how my sincere thanks to both of the learned Experts. I am waiting for some more Experts to send their views. The agitating son is not ready to sign any relinquishment deed.
Uma parameswaran
(Expert) 03 May 2010
Try to get relinquishment deed from other legal heirs.If it is not possible divide ancestral property equal to all and distribute your self earned property as you like.One thing you should keep in your mind that all this things possible only during your life time ,otherwise the Widow daughter will suffer.
Querist :
Anonymous
(Querist) 03 May 2010
Thank you very much, Uma parameswaran. We will try to get the relinquishment deed from other three sons.
