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Shankar (Software)     21 May 2013

Ancestral property to my sisters

Hi, I am the only son to my parents and I have 3 elder sisters. One of my sister is in desperate need of money and requesting us to give her share in the ancestral property. She is ready to give in writing that she does not need any share in the ancestral agricultural land but to give her some cash for her living now.

My question here is, will the court of law accept her writings that she will not be coming in the later point of time to claim her share in the ancestral property? or is there a way to give something in writing?

The agricultural propery is still on my fathers name. Ideally if I am correct, it should be divided into 5 shares including my mother. 

Please advise whether we can accept whatever my sister give in writing and pay her the needed cash now and guarantee that in future she will not come back to ask her share in the property.

 

Thanks in advance,

Shankar



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     21 May 2013

Your sister can reliquish her right in the property by doing reliquishment deed but it can create future litigation to some extent.So better you buy her share in the ancessotral property by way of sale deed.

Shankar (Software)     21 May 2013

Thanks Anish for your reply. Currently the property is on my fathers name, So what you are saying is, first divide the property among all the sisters and brothers and buy the property allotted on my sisters name is it? Cheers, Shankar

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 May 2013

 

Section 6: In order to give rights to daughters, the act introduced a legal fiction of ‘notional partition’ whereby when a male Hindu dies after the commencement of the Hindu Succession Act, (leaving behind female relatives and without executing a will) his share in the coparcenaryproperty is deemed to have been divided at the time of his death, whether actual partition has taken place or not.
 

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