venkat 20 December 2015

Release deed

[ Scorecard : 30]

Posted 5 days ago

My grandfather has four sons and two duaghters. My father was elder son. second son (next to my father) had given release deed to his father from ancestral property. It was joined family

After some years, my father earned money from business and bought agriculture land nearby ancestral properties in 1974 and it has been registered in my father name.

Due to some reasons, we have given release deed from ancestral property to fathers brother (second son), who had already given release deed from same ancestral property.

All release deed has been registered. Partition happened but not registered till now

Now fathers brothers claim that my father property is also ancestral property.

Sir , Two questiones

1. is this valid claim from my father property since my father property and ancestral property in same place.

2. The person who had given release deed from ancestral property and same person received release deed from his brothers family (same ancestral property)

is this valid release deed ( all release deed registered)

is it required to get signature from other two brothers while getting release deed since no partition.

Please clarify

Reply Follow

7 Replies

saravanan s (legal advisor) 20 December 2015

Unless the property obtained by your father was bought through the profits that arises out of the ancestral property it is considered to be his self acquired property.to my knowledge all release deeds are valid

Dr J C Vashista (Advocate) 21 December 2015

Ancestral property can be got partitioned through Court by any of the coparcerner (including yourself).

Your father's self-acquired property (near ancestral) cannot be claimed by his brother.

Show the property documents to a local lawyer for proper analysis, guidnace and proceeding.

adv.raghavan (Advocate,9444674980) 21 December 2015

Query lacks clarity, going by your version, Your father had relinquished his share over ancestor property, and he had gone for self earned property. His brothers cannot claim any share in his self earned property, the property gets transferred to his legal heirs. If they claim on the contrary the onus is on them to prove the same.

Advocate Ravinder (Advocate/Attorney) 21 December 2015

You said that;

After some years, my father earned money from business and bought agriculture land nearby ancestral properties in 1974 and it has been registered in my father name.

--You have not mentioned by that time whether your father is living in joint family or living separately.

--You said that partition done but not registered. What does it mean. How partition done. On while paper or bond paper or oral?

After clarifying the above I can answer your query.

K.S.Srinivas (Advisor (HR)) 25 December 2015

Yes. Replies are need to the queries of Mr.Ravinder to post the replies by the experts.

venkat 28 December 2015

My father was living seperately. Partition done among four brothers. They have wriiten in 20 Rupees bond along with witness signature but not registered.

Ravinder sir,

Need to discuss with you regarding my quries.