cpc

ancestral property - please advise


My father has acquired some ancestral property 32 yrs back. My father had 3 sisters and 2 brothers. In 1982 partition deed was signed by all his siblings. This is agricultural land and was barren land when my father acquired it. Over the years the value of the property has increased due to my fathers hard work and developed it to a lucrative agricultural business. 

  Now after 32 yrs his sister is asking for a share in the property, her sons are harrasing my father everyday. She has already signed the partition deed 32 yrs back and relinquished the right to this land. My dads sister at that time was given money from my father and grandfather.

Does she have any rights in Indian court or law to claim our property even though all the documents have been signed and the land has been transferred to my fathers name. I would really appreciate any advise or suggestions.

 
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Advocate

Hi, 

once the Partition Deed entered and executed between the parties, then the other party does not have any right to reclaim it. It is also to be noticed in your case that,  your father is in possession of said property since very long period, then in that circumstances, he holds a very good right, title and interest upon the property.

 

Regards

Adv.Kishor Hajare

9930647734

 
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FIN

After the proper and valid partition/relinquishment deed the siblings have given away their rights and status should change to self acquired.

 
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Advocate

1. First make it clear whether there was a partition deed executed and registered by all or it was relinquishment deed?

 

2. If it was relinquishment deed duly registered in favour of your father, then she has no further claim on her share of the property,

 

3. If it was parition deed, then certainly she can claim her share which was partitioned in her favour long back.

 
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Advocate

State clearly whether r not the Deed of Relinquishment was registered or simply by an Affidavit before a Notary relinquishment was done. Secondly, whether or not the Deed of Partition was signed by the sister who is now claiming her share in the property either as a co-sharer or otherwise and also disclose whether or not the Deed of Partition was registered. These informations are needed to give you appropriate opinion.

 
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First of all I want to thank each one of you for sending your reply to my query. To answer Mr Ganguly and Mr Roys question, YES there was a partition deed done which was signed in the presence the registrar\notary as witness. YES this partition was signed by the sister  who is claiming the property now.

The partition deed clearly says that the property has been shared by 3 brothers at that time and it was all done after consent with the sisters and they signing it. They were also compensated at that time. The sister now is claiming that the signature was out of coercion.  Also this took place in 1982 and she did not claim anything till now because the value of the property was not great till now. Also the property documents have all come it is registered in my fathers name now. Thanks in advance for all the information.

 
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Advocate

@ Mr Chris' 

Legal status and authority of a Registrar and Notary are distinctly different.  All Deeds need registration before the Registrar only  but not before the Notary because a Notary is merely an Oath Officer under the Indian Oath Act. so he can  deal with the documents only and can register such documents. Partition is a deed which must be placed before the Registrar.for registration.

 
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Advocate

Unregistered partition deed has no value in the eyes of law.

 
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Sorry about the confusion, this is a registered partition deed. To Mr Roy's comment, YES sir this was signed in the presence of the registrar. Sorry to confuse you with Notary. Also over the years my fathers share of property has already been transfered to his name. Now the property is registered in my fathers name. Thanks!

 
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FIN

The lady may have no case.

Generate evidence of sister and her children admitting having signed the partitioned deed and received monies also from your father, grandfather (audio/visual) keep witnesses/evidence...........................and close the matter.

 

If still the matter lands up in court of law the court shall decide.

 
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