Release deed
SBALAN
(Querist) 26 December 2017
This query is : Resolved
Dear Sir/Madam,
4 Nos. of property were given to my father and to me by my grandfather by registered document when I was minor. Now my father told he will give me a release deed so that all property will come to me. My query is since it’s a grandfather property which was transferred to my father and to me without mentioning any percentage of shares, whether my two sisters can challenge the release deed for equal shares in future through court? If so what I can do for changing the whole property to me without any partitions challenging in the future.
Regards
Balan
Kumar Doab
(Expert) 26 December 2017
It is believed that you are all Hindu.
The property(ies) in the hands of Grandfather was/were self acquired/ancestral?
Confirm!
SBALAN
(Querist) 26 December 2017
Yes. Properties were self acquired by grandfather.
Ms.Usha Kapoor
(Expert) 27 December 2017
since THE PROPERTIES WERE SELF ACQUIRES GRAND FATHER HE HAS EVERY RIGHT TO DEAL WITH THE SAME AND CAN SELL. WILL. EXCHANGE, MORTGAGE,GIFT ETC TO ANYONE HE PLEASES.your 2 SISTERS CANNOT CLAIM RIFTS IN YOUR GRAND FATHER'S SELF ACQUIRED PROPERTY OR YOUR PROPERTY AND YOUR FATHER'S/
Vijay Raj Mahajan
(Expert) 27 December 2017
Although it was self acquired property of the grandfather that he could dispose off as he so desired during his lifetime, and even for the sake of arguments the said properties were ancestral or coparcenary in nature being held by the grandfather as Karta, the partition/alienation of the same took place before 20th December, 2004, the same cannot be invalidated under section 6 of the Hindu Succession Act nor your sister seek share in the same being daughters of the Hindu family governed by the Mitakshara law.
Ms.Usha Kapoor
(Expert) 27 December 2017
If you appreciate my answer -please give me likes.
P. Venu
(Expert) 27 December 2017
The facts, as posted, suggests that there are deeper issues. Please post the material facts.
Sankaranarayanan
(Expert) 27 December 2017
Need more details on your query will give our suggestions easily. what kind of document been given by your grandfather to you and your father
Kumar Doab
(Expert) 27 December 2017
You have not confirmed if you are all Hindu!
The responses are believing that you are all Hindu.
If the said properties were self acquired then the property that has devolved by a valid/registered deed should be of nature; self acquired.
In that case your father should succeed to relinquish his share in undivided property in your favor.
Thus you may become sole/single owner.
Grandson/daughter has NO forced share in self acquired estate/property of Grandparent.
Kumar Doab
(Expert) 27 December 2017
What is this registered document vide which 4 no. of property were given to you and your father by your grandfather?
All 4 no. of property were disposed by single registered document by your grandfather?
Is the said disposal I knowledge of sisters?
Have sisters witnessed in any of the previous documents/deeds or subsequent updation in mutations records?
Or agree to witness in future documents /deeds or subsequent updation in mutations records?
If yes, the whole matter is in their knowledge and may point to their consent.
Confirm!
Kumar Doab
(Expert) 27 December 2017
Although you have posted that the said properties were transferred to you and your father without mentioning % share.
Still, have you partitioned these properties by boundaries by a registered deed?
Reconfirm!
Apparently as per your post you do not want to partition the properties between you and your father.
Would you like to post the reason!
kavksatyanarayana
(Expert) 27 December 2017
if you are Hindu, I opine that the properties were given to you and your father by your grand-father by registered deed. So you both have equal rights over the properties given by your grand-father. now your father may gift his share to you as Gift or he relinquish his share to you. it shall be registered.
Kumar Doab
(Expert) 28 December 2017
Your choice as per your post is Relinquishment Deed.
The other legal heirs that are not stranger also, can agitate in court of law.
They cannot be prevented from approaching court of law.
IT is expected that their counsel shall tell them point blank/on the spot about merits, options, if any. Thereafter IT is their choice.
The court shall decide the matter on facts, merits.
