Manoj 11 September 2016

Release deed from my aunty

Dear Sir/Madam,

I need a legal advice on issue in my family. Please bear with my long story.

My grand father has 2 children (my father and my aunty). Our family is based on agriculture and we have around 4 to 5 acres of agricultural land. These lands are brought from my grand father and my fathers income, but all lands are registered on my grand father's name, makes him soul owner (We dont have proof for my fathers investment on property).

My father passed away when I was 15 years old. After my father's death, land was used by my grand father for agriculture, they not even provided single penny to my mother, since then relationship with my mother and my fathers family (Grand father and aunty) is not good. Now when my grand father become old he gave land to us for cultivation (not legal property transfer) and intern he wants us to take care of him and grand mother, we are ready to do it.

Now we suspect my aunty might cause issue on property after my grand father's death. Since she is also a legal hier. So we are thinking to get a release deed from my aunty with a settlement, leaving property in my grand father's name itself (because of insecuirty, they are not confortable in naming property on my brother and me).

My doubt is after we got a release deed with settlement from my aunty (leaving property on my grand father's name itself), if my grand father made a will on my aunty, will it be legally accepted after his death. In short we dont need any property problem after getting release deed from my aunty.

Thanks for your valueable time and advise.

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4 Replies

Kumar Doab (FIN) 11 September 2016

You have posted that;

"Since she is also a legal hier.........................we are thinking to get a release deed from my aunty with a settlement, leaving property in my grand father's name itself ..................My doubt is after we got a release deed with settlement from my aunty if my grand father made a will on my aunty, will it be legally accepted after his death. In short we dont need any property problem after getting release deed from my aunty."

You have all answers in your query.

Why don't you buy her share, if she has any share as on date.?

If the whole property is bought on Grandfather's name and he is alive and his estate is self acquired then how come her daughter has a share in his life time?

Since she dos not sem to have a share how can she relinquish/release/sell now?

If the whole property is on Grandfather's name and he is alive and his estate is self acquired then all of you have no forced share in it and all are on his mercy.

Better buy some property on your name.

Involve some elders and convince grandfather to gift you land by valid and registered gift deed equivalent to your father's contribution at least.

G.L.N. Prasad (Retired employee.) 11 September 2016

The date of marriage of your aunty is a material fact.

If your father and his father acquired the property after her marriage (Dates of sale deeds) and if they have independent income, she may not get any share.

For immovable property, relinquishment deed is mandatory.

First find out her eligibility by contacting a local advocate as several facts are to be considered while taking risks.

G.L.N. Prasad (Retired employee.) 11 September 2016

The date of marriage of your aunty is a material fact.

If your father and his father acquired the property after her marriage (Dates of sale deeds) and if they have independent income, she may not get any share.

For immovable property, relinquishment deed is mandatory.

First find out her eligibility by contacting a local advocate as several facts are to be considered while taking risks.