Release deed

Ananda (Querist) 20 June 2012 This query is : Resolved
My mother had bought a house in which I am currently leaving. Both my mother and father expired without any will or gift deed. I have 2 sisters and I have requested them to release the house in which I am currently leaving. Only 1 has agreed for release deed. She has 3 children who are minor now.
Can any of you please clarify my doubts which are:
1. Can anyone of the child go court for the property once they become Major?
2. Do I have to mention in the deed that my sister is also releasing rights on behalf of her children as they are minor? If yes, then would it be sufficient to Release rights of minor children?

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Shonee Kapoor (Expert) 20 June 2012
No the property in the hands of your sister is equivalent to her self acquired property and she is free to deal with it in any manner she deems fit during her lifetime/

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert) 20 June 2012
Minors can not challenge this deed on attaining majority.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 20 June 2012
1. Yes as this is the ancestral property.
2. Yes as the release deed on their behalf would be voidable at their option on attaining majority but must be enforce within 3 years thereafter.