ancestral property released by father, can it be re claimed
Querist :
Anonymous
(Querist) 01 February 2016
This query is : Resolved
My father has released his right over an ancestral property two and a half years back.He was drunk and under pressure By my uncle and aunt to sign. However, i , his daughter and my mother have not signed. Now my father wants the property back. Can the release deed be invalidated as his daughters signature who was 25 years then did not sign the release deed.
Querist :
Anonymous
(Querist) 01 February 2016
The above proprty is in udupi district, karnataka.
Querist :
Anonymous
(Querist) 01 February 2016
Someone please advice me.
Querist :
Anonymous
(Querist) 01 February 2016
Someone please advice me.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 01 February 2016
If property is released is heariditory property, even if it is realeased u can claim your share n mothers share
Raj Kumar Makkad
(Expert) 01 February 2016
Ancestral property cannot be released without consent of all coparceners and so the daughter can definitely challenge such release deed and the desired relief can be obtained.
Querist :
Anonymous
(Querist) 02 February 2016
How much is my share and my mothers share in this. My father should have got 1/3 rd of the property. Can i and my mother together claim 1/3 of the property. Does my dad "drunk" and "under pressure" wont invalidate the release deed. Also, will my uncle and aunt be anyways punished for their act of forcing my dad? Lastly , since udupi in karnataka is a village, will the law differ from other parts of india. Because, this town practices father giving the entire property only of their children.
Querist :
Anonymous
(Querist) 02 February 2016
Please advise
P. Venu
(Expert) 02 February 2016
You file a partition suit seeking your due share.
Querist :
Anonymous
(Querist) 03 February 2016
My due share is 1/3 rd or 2/8? My grandfather has three children, and furthur those three children have thier wives and chilren. So there are totally 8 members , one being minor; and more over i am a daughter who married in 2014. So, i can claim 1/3 rd of the entire property or 1/8 th or 2/8 th ( mine and my mother's)?
Querist :
Anonymous
(Querist) 03 February 2016
Please advise
Kumar Doab
(Expert) 03 February 2016
Query by anonymous, so no reply.
Anirudh
(Expert) 03 February 2016
You say that the property is 'Ancestral'. I have my own doubts about the same.
To determine whether the property is 'Ancestral'or not, please give the following particulars.
1. When did your grandfather (father's father) die?
2. Whether your grandfather purchased the property himself or got it from his father (i.e. your great grandfather).
3. If he got it from his great grandfather, then in which year the great grandfather die?
Only after knowing whether the property is 'Ancestral' or not, appropriate answer to your query can be given.
Querist :
Anonymous
(Querist) 03 February 2016
The property was given by the govt as a grant in 1972. My grandfather died in 2003. I have given furthur details in my initial query . Please let me know what is my share in the above circumstances.
Anirudh
(Expert) 03 February 2016
That exactly is the problem.
People assume that the property is 'Ancestral' without even fully knowing what is an Ancestral property.
Based on such wrong notion/understanding/ assumption, people start building their castles in the air by asking how much share I will get in it etc.
Unfortunately, many of the Experts in this Forum also start answering without confirming whether the property is in deed Ancestral or not by asking the basic questions.
In this case the property is not at all 'Ancestral'. It is a personal property of your father. If in his wisdom he has relinquished his rights/share in it, and if the same has been Registered, then nothing can be done. In any case, it is only your father, if at all, has to file the case alleging fraud etc. (though it is very difficult to prove) in case Registration of Release Deed had taken place.
Querist :
Anonymous
(Querist) 05 February 2016
The property was given to my grandfather as a grant 1972, then grand father died in 2003. Grandfather has three children. Eldest daughter now around 63 years old.second one is son now around 56 years: my dad.... the third one is another son around 55 years .. my father signed on the release deed to my uncle.. so he releaswd his ancestral property right anirudh sir.
Anirudh
(Expert) 05 February 2016
I have already replied that the property is not at all "Ancestral".
