Release deed clarification required

There was no share for daughters before amendment act. So it would not contain their names. If you can get a release deed from them, it would be better.

Sir this deed happened in year 2000 way after my grandfather's death and the property was purchased in 1956. So does that mean it was before amendment act?

I also keep hearing that there is no share for daughters if they are married before 1986? Is there any such law?

I disagree with Bharath Kumar. Infact he is an Engineer not Advocate. 

You have not mentioned your religion.  By your name I can assume that you are hindu.  Now the latest  position of Hindu succession is that the daughter will get share irrespective of marraige date or any amendement.  The daughters are absolute owners in par with male members.  The right of females is restrospective effect.

 

The property of your grand father will be divided equally among your father, uncles and aunts.  You have to calculate whether your property which you are in possession right now is more than your share or less than your share. If your uncles agrees  to give more share to your father, it is better to enter into family settlement instead of release deed.  All your uncles and aunts should be made party to the family settlement deed. For more details contact me 7893011777 or ravinder2345@gmail.com.

Section 14 of HSA 1956 converts any right of daughter as her absolute right, but was not a copacener, as such was not authorise to demand partition, but was entitled for equal share on partition. now after HSA amendment 2005, daughter also given status of copacener. So aunts are equally entitled in property. Shankar is bit confused but not wrong, before 1956 women was having life estate and after her death property used to revert back to the last heir of her father not to heirs of husband, but section 14 as mentioned above converted life estate into absolute right and heritable to her own heir.

@Ravinder P

Sir, so i understand that i should get a release deed from my aunts too. My uncles have already made a release deed in yr. 2000 to my father by mentioning that they are releasing their 2/3 of the full property to my father assuming the remaining 1/3 as my father's. So now if Aunts are taken into consideration, will that release deed of 2000 be valid or should I get a fresh release from my uncles too making it 1/6 each share?

Each party will get 1/6^th share.  Your uncles have released more share than they have.  Infact, your uncles should release only 1/6+1/6= 2/6, but they have released 2/3^rd.  Hence, they should rectify the mistake by executing registered rectification deed before the sub registrar office for correction of release deed of 2000 year.  As far as your aunts are concerned, they should released 1/6+1/6+1/6= 3/6. 

 

Sir my uncles will most likely disagree to cooperate. Will the deed of yr. 2000 serve at least as a release from my uncles even though the figures are incorrect? so that  I can get a release just from my aunts. Thanks.

You have not mentioned that whether  your uncles have registered the release deed relinquishing their rights in the property.   Assuming it is registered, the relinquishment of 2/3 share on the property by both of them will not be valid and binding on the other legal heirs who have not relinquished their right of share in the property.  Therefore, now your uncle have to execute a rectification deed rectifying the error of the shares mentioned in the previous deed and your aunties have to execute a registered release deed in favor of your father relinquishing their rights in the property.  The question of amendment in HSA in the said years will not attract to this situation because it is not ancestral property, it is a legitimate right of the legal heir to inherit the property that belonged to their father who died intestate, be it a son or daughter.

Sir, yes my uncles relinquished all their rights and stated in the document that they are releasing their 2/3rd share in the whole property. But like you said there was no mention of my aunts anywhere. My only question is will my uncles hold any right IF rectification deed is not done? Even though they have released incorrect share(more than what they have), will that serve as relinquish deed at least from my uncles? I can manage my aunts by getting a release deed from them. My only problem is with my uncles. Now they won't cooperate for any rectification. So my only question is will that previous relinquish registration at least get rid of the uncles from my property?

 

Thanks sir.