Relinquishment deed, mutation - are they valid source to claim title
Gaurav Sharma
(Querist) 13 April 2012
This query is : Resolved
Hello Sirs,
I would like to discuss a property issue.
My Grandfather had two wives. Out of the first wife, he had two sons and two daughters. The eldest son and the elder daughter have passed away. The other two children are well-off.
Of his second wife (my grandmother), he had two sons.
Before my grandfather died in 1975, he wrote a registered will in favor of my grandmother (his second wife) and did not give any share to any of his children. So my grandmother acquired this property by virtue of this will deed.
My grandmother (alive) relinquished her entire share to my father by virtue of a registered Relinquishment deed. Per this deed, she did not want to give any share to my father’s brother. After this deed, the property was mutated in MCD on my father’s name and he has been taking care of this property ever since. The water and electricity bills are on my father’s name now.
I would like to know if the Relinquishment deed and the mutation make my father the owner of this property. Does he have a clear title? Or any of my uncles or my aunt claim their share on this? If yes, what should be done to get a clear title.
ajay sethi
(Expert) 13 April 2012
yes it makes your father the owner of the property . the grandmother has by will inherited the self acquired property from your grandfather . the will was not challenged in any court of law . she has since by deed of relinqishment relinquished property in your father name
prabhakar singh
(Expert) 14 April 2012
Your father does have clear title and possession provided will of your grand father in your grand's mother name and relinquishment by her in your father's name can be proved to be in the knowledge of the rivals who can stake a claim challenging the will which was ,I think,never probated.Fresh buyers would be hesitant on this score.
In case 12 years have passed to registered relinquishment deed in your father's favor then every thing has gone perfected.
Gaurav Sharma
(Querist) 16 April 2012
Thank You Sirs. The registered will of my grandfather was done in 1974. The relinquistment deed by my grandmother was done in 1984. All my uncles and aunts are aware of the situation and are aware of the paperwork done regarding this property. We want to build this property. So my query is if they drag us to court and take a stay on it.
Please help.
