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Raghu   09 September 2020

Property

My grandfather got a property from his father through a partition. The partition was done among three children and my grandfather got his share. My Grandfather gave the same property to my father through a registered will After my Grandfathers death my father did a will in name of my mother on the said propert and after my fathers death my mother registered a gift deed in we 3 children names and currently the property exists in we 3 children names-The Katha is also in our name. To my father my mother is the first wife and my father married a second wife aswell with out my mothers opinion and second wife has 2 kids. My questions: Is this an ancestral property? what are the rights of the second wife and her children on the said property? Will they get any share if they move to the court? At this point can we sell the property?


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 4 Replies

P. Venu (Advocate)     10 September 2020

Facts posted do not suggest the property bequeathed  to your mother and subsequently devolved upon you to be ancestral. As such, the step mother and her children cannot succeed in claiming any rights over this property.

Dr J C Vashista (Advocate)     10 September 2020

Do not get confused and try to confuse.

Redraft your qurey with clear facts if you are seeking obligation of experts on this platform.

Manali Bhalerao (Practicing Advocate)     12 September 2020

Sir, Your father's second marriage is void.

1. When ancestral property is divided or parted it become self acquired property.So, it is not ancestral property.

2. Second Wife and her children have no right on this property.

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Sachidananda Rath   21 September 2020

A lease hold property purchased for lease price Rs1200/- in 1966 from Govt Odisha by my father died intestate in 2002 leaving behind legal heirs myself (son), 3 married daughters living in rich family and widow wife.

In 2011 the above 3 married sisters and widow mother relinquished the above property in my favour by executing registered deed mentioning out of free will in deed and signing on the deed in front of Govt Camera and Sub Registrar.

On the basis of above registered relinquished deed and premium of Rs1500000/- paid by me to Govt as conversion fee from lease hold to free hold, the Government Odisha issued Patta ROR in my favour in 2012 as sole owner of the property with all reversionary rights.

The sisters have taken Rs3000000/- in cash from me by hook or by crook by exploiting fraternal emotions.

Now, in 2020 above 3 married sisters are demanding exorbitant money from me or else threatening me to sue me in court of law and cancel the registered relinquished deed.

Can a registered relinquished deed executed in 2011 out of free will be cancelled in 2020 by 3 executants (sisters) when the other executant (my widow mother) and the beneficiary (myself) do not give consent for cancellation and also in view of issue of Patta ROR by Government in my favour as sole owner with all reversionary rights and duly converting propertyromrom lease hold to free hold on receiving Govt conversion fee Rs1500000/- from me including conducting bonafide verification of the relinquished deed and not obtaining any complaint within due time of Government notification?

Your valuable jurisprudence on the matter is highly solicited.

Regards.
sachirath4@gmail.com
Mobile no.9692089815

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