shobha (Accounts officer) 17 October 2021

Declaration and partition of property.

Sir we have filed a suit for declaration of self acquired property in 2008 along with partion in ancisters property. I was working in a government office. And now I am retired. During my services I had purchased 16guntas land in my native place and constructed a small house there. My parents were residing in that house along with my brother. Later my brother after his marriage started quarreling with my parents and my self. I asked him to vacate my house but he refused and started stating that he has share in my self acquired property. Due to this I filed petition for declaration aswell as partion in ancisters property before civil court. I have 2 sisters who are married and residing in their in law places. During 2013 declaration case was finalized and ordered that I am sole owner of my self acquired property ie.,for 16 gunta. Later he went for appeal in next higher court. But during 2019 the higher court referred the case to lower court directing to give him opportunity for evidence and to complete the case within 12months. Due to covid they are dragging the case till today.

In am now thinking about to get the release deed signed from my sisters for the ancister property duly giving them compensation. Will it be helpful to our cases or will it have a an adverse effect. Kindly clarify sir.

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 October 2021

We usually here about property transaction made before partition. To avoid this kind of things we always here make release deed so you don’t have trouble in future. And then no one will tell the ownership on the property. There are many reason to make Release of ancestral property.

1. Court has made provision to give rights to a woman as equal to men in property also. So the women are also come ahead to prove the rights on ancestral property.

2. Today the property value is too high hence if property 7/12 extract, a mutation has the name in other rights then purchaser does not take interest in such property and property consideration amount is also low in such case. If there no name in other rights then property get sold out quickly.

3. Usually, release deed in favour of sister. Hence brother wanted to release from sister. After if after the development of land after price rises eventually, the sister asks right on the property then brother need to give the rights on the property.

G.L.N. Prasad (Retired employee.) 18 October 2021

You can get an agreement on a white paper, stating such relinquishment, and agreeing voluntarily excusing registered relinquishment after litigation comes to end. The relinquishment deed can be registered even now but subject to final outcome of the court.

M V Gupta (Advocate) 18 October 2021

I do not see any legal objection if your sisters voluntarily agree to release their shares in the ancestral property in your favor. This will not in any way affect your suit for declaration of your self acquired property. But, on obtaining the relinquishment deed from your sisters, you may have to amend the plaint filed by you bringing the development on record. Please consult your advocate on record.

P. Venu (Advocate) 18 October 2021

The facts posted are vage, disjointed and lack clarity. Please post simple facts.

Dr J C Vashista (Advocate) 19 October 2021

You have stated to be in litigation since 2008, i.e., more than 13 years through an intelligent, competent and able lawyer who is well aware about facts and circumstances of the case(s), what is his / her advise ?

Voluntarily release of share by your sisters in your favour has no concern with your self acquired property.

You have made a mess of facts.

Consult a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.