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varghese (drvargheseae@gmail.com)     11 May 2014

Relinquishment from sisters

Parents died intestate leaving ancestral property(land) common for  three brothers. All sisters, elder to me, got married and given their respective shares in cash, land etc as streedhanam.  Now,. we have(3 brothers) entered into a partition deed (called Bhaga Udampadi in kerala)  and got it registered by giving the requisite stamp fee. For mutation purpose(pokku-varavu), we went to the concerned village office, village officer after reading the contents of the partition deed, told us "since the relinquishment deed from sister's is not included in the partition deed, it is not possible to do the pokku varavu, or mutation.  

In this case, what should be done to get our portion of land mutated. Shall we go and obtain my sister's consent in a relinquishment deed and attach this to the original partition deedand give to the village officer for mutation

Moreover while making the partition deed, there is no any mention about my married sisters. It has been mentioned in the partition deed that" " WE ARE THE ONLY LEGAL HEIRS OF THIS PROPERTY AND no any other heir is there.

Can we add a relinquishment deed after getting it registered, then obtain the signatures of my sisters.

Is it necessary to appear before the registering authority in person or notarized signature is sufficient? How much stamp paper fee is to b e given for this relinquishment deed since my portion of govt. land value is 4.5 lakhs only

 

Your valuable suggestions on this matter is higly solicited.



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 3 Replies

Kumar Doab (FIN)     11 May 2014

It is believed that you are Hindu and Hindu Succession Laws are applicable.

Village officer is right.

 

Remove: “" WE ARE THE ONLY LEGAL HEIRS OF THIS PROPERTY AND no any other heir is there.

 

Since daughters (your sisters) are also ClassI legal heir.

 

The daughters can (by their free will) issue relinquishment deed and register it before the lawful authority.

 

The daughters can claim their share too.

 

Show all docs on record, provide full details and inputs  to a local lawyer well versed with state laws, in person and proceed under expert advice of your lawyer. The lawyer that has seen the docs on record and has examined the inputs can advice you the best.

 

There are many threads that you may find relevant e.g;

 

https://www.lawyersclubindia.com/experts/Hindu-succession-act-471281.asp#.U29K60eBmXU

 

 

 

 

Laxmi Kant Joshi (Advocate )     11 May 2014

Yes , you have to take relinquishment deed from your sisters only then you can get mutation of the property ,legally there is a share of your sisters in that property she can relinquish their share in your favour if they wish .

bol (adv)     11 May 2014

it is very difficult to get the partition done by sons. The relinquishment agreement is a must from them. They is also a judgment by High of Odisha in this regard clearly stating any partition pending after 20th December 2004 attract equal share of ancestral property.


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