manoj (head architect) 09 April 2010

can release deed be made for someone who does not have right

Sir,

There is a self earned property of my father (14 R ,NA plot).before his death he mede a release deed of 2R portion to one of our brother.After his death brothers name started appearing on remaining 12 R also.Now he is refusing to withdraw that name.He already has major roadfront side of the property in his name.We came to know about this deed after 6 years.The deed was made when father was 83 and he has written as blind and disabled below his sign.my question is,

1) is release deed legal,when my brother had no right in that property? (wihout any monetary consideration as mentioned?)

2) can i challenge on the basis of his age,blindness,diabled position,or none of other brother,sisters or my mothers absence.

3)can a NA plot ,part of approved layout be partitioned for sale deed without prior approval for sub-division?(this plot cannot be subdivided as it fronts a major state highway)

Manoj B.

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4 Replies

manoj (head architect) 09 April 2010

interestingly my father had written andha ( that is blind) and Jaybandit ( that is forceful disability,arrest)below his sign on registered release deed.There are several other proofs to prove his blindness at that time ( failled eye operations).will this help me in my case?

adv. rajeev ( rajoo ) (practicing advocate) 09 April 2010

I could not understand andha and jay bandit.

I tried to answer your question.

If it is self earned property of your father, he can give to any body. But if your question is seen your father's signature is forze, If I am right.

You go for suit for general partion and seperate possession of your share, you have aver that ur father's signature is forzed. Contact the good lawyer show all the documents then you will get the clear picture what to do what not to do

Sam (budding lawyer) 10 April 2010

Hello My Grandfather and Grandmother died without writing any will for their kids. They had three sons two daughters.

My dad and older uncle moved to UK and helped out to construct all the property on that land and both died recently 2 years ago .

My uncle living on that property is not willing to give any shares of land or constuction to both the widower (my mom and aunt) or any share of total earnings coming from rent from this property.

My alive uncle living on that property keep on constructing big apartmentS without taking any permissions from my mom and my older aunt. Both my mom and aunt has UK citizenship but no earning since they were housewives.

Can they claim their husband rights on the ancestral property in India?

If yes what is best way to proceed and stop the illegal constructions done with out their permission.

Do they have to take dual citizenship of India, in order to claim the property OR file any petition to stop any construction with out their permissions?

Please guide and help on proper court proceedings over the rights.

Thanks!