Rohit (SE) 02 July 2012

Grandfather's property claim once refused earlier

My grandfather had a self earned shop and house.

My grandfather has 2 sons, my father and his elder brother.

Around 20-25 years back, my father having a job refused his share in the shop and wrote the same in a stamp paper that he doesn't want any share from the shop.

(For clarity:He didn't mention that he has got his share)

Can my father/me claim our share in the shop now? My uncle has also changed the name of the shop.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 July 2012

Mere exeucting the stamp paper is not sufficient to give up his share in the property. To give up his share he had to execute the regd., rights relinquish deed. You can claim your share in the share of your father.

(Guest)

Dear Rohit,

It being an ancestral property, you have share in the same. Adv Raju said very rightly. Mere writing on stamp paper does not mean rights are relinquished. The same only can be relinquished by executing a deed of relinquishment duly registered and executed in the name of person in whose favour the right has been relinquished.

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