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(Guest)

How to opt out my right on ancestral property which is about to share with me.

Hi,

My father passed away four years ago, but the drama has been ongoing from 30 years (since my childhood).

My father had two houses in different villages. I have three elder sisters and one elder brother.

Since my childhood, my mother, my 1st sister, my 2nd sister, and my brother have been arguing about the property, claiming to be the actual owners because they built it with their own money. Not only regarding the property, but they also claim to have taken on the responsibilities of parents and remaining siblings since their childhood. The wonder is that each of them individually claims to have built it with their own money, leaving me confused about who actually built it and who the actual owner is, and who took on responsibilities from childhood.

I can honestly say that I was a child at the time of construction, and I did not contribute to all these matters, or my contribution is not considered. After years of research, I concluded that nobody is the actual owner, and nobody took on the responsibilities. However, every sibling worked and earned money towards their marriage and education, including me. The first and 2nd sisters, however, continuously claim to be the actual owners. As they are elders in the family, they manipulated and recovered money with wrong calculations every day, every month, every year. The 3rd sister, brother, me, and my mother paid them the same amount of money multiple times without knowing it among ourselves.

All the drama started after my 1st sister's marriage when my 2nd sister was 14 years old, the 3rd sister 13 years old, my brother 12 years old, and I was 12 years old.

The 1st sister behaves as the principal accountant for our family since her marriage. She plans for wrong calculations. My mother was registered for Chitti, where my 1st sister was also registered since my childhood and continues till today. Her action plan is to prepare a calculation for which she didn't contribute to our education, health, or rituals, but she claims that she has done so. When she needs money, she forces a recovery from the Chit fund or insists on taking a loan against gold. She forcefully recovers gold, silver, and other amounts of money over time, claiming to save it but actually recovering them with some wrong calculations.

Her main aim is continuous recovery, not bothering about the younger siblings' education or marriages. She scared our parents and finally stopped our education. So, my second and 3rd sisters discontinued their education at the intermediate level. However, my brother and I continued to study with free seats in intermediate and on our own by doing part-time jobs during graduation. She didn't like that either and recovered small amounts of money from both of us, stopped returning the money even during our education and added it to the recovery with wrong calculations. 

The recent incident is that the 1st sister shown a 2-lakh calculation, claiming she had performed an evil pooja for our well-being, even though we did not participate. She recovered the amount from my mother, and my mother paid it even though I told not to pay. From then I stopped talking and not staying with my mother.

As for my 2nd sister, when my father and mother stayed separately since her marriage 15 years ago, she came to our home and claimed that my father owed her 15,000 rupees related to her dowry. She threatened suicide if not paid, and she recovered it from my mother. My 3rd sister paid that credit with interest because she was unmarried at that time. Here comes the 2nd sister's crime: she recovered the same amount from my dad as well. My dad paid her the same amount, but no one in my family knows that she recovered the same amount twice. This hard truth is revealed 1 month back. Her suicidal behavior is still continuing.

The examples above are just a few instances involving my first and 2nd sisters, but there are thousands of incidents in our lives. After my parent's unofficial separation, they looted more from us, refusing to spend money on our education and marriages. They canceled or didn't confirm good matches for us, stopping our lives from progressing, and delayed my 3rd sister's marriage until she was 29. My brother' marriage until he is 29 but he started working at 16, and I am 31 and still unmarried but started working at 17. They ruined my love marriage at the age of 23, and other potential matches for my marriage and still do not support it.

After my father's death, their dramas have increased. When my brother requested to register one house under him and one under me a year ago, my first and 2nd sisters did not support and quarreled with us. But the villagers say there is no culture to give shares to girls because every girl in that village is given dowry and other financial contributions to their marriage life from parents.

So, this is my story. I am doing a software job, and I realized 15 years ago, or when I was 17, that I am not willing to take ancestral property and not to live with my siblings. First, I gave the option to take my property share upon my brother's request, but my first and 2nd sisters refused and did not allow my mother to give those shares to us. I agreed to give shares to the girls as well, but on one condition: every girl (every sister) has to take responsibility for my mother, similar to a male child (me and my brother), but they refused. [They finally admitted that they want rights but not responsibilities]

So, I opened up my mind before them again that I am not willing to take property as it is a central dispute that cannot be solved. Some people, villagers, siblings, and relatives support taking shares, but some oppose it. Therefore, I decided to opt out of my property right/ancestral right so they will decide themselves about shares, and in the future, I should not be included in any disputes or court cases.

Is there any option to opt-out my ancestral-property-right? Will Notary work, as these are village properties? Or do I have to file a petition before the court?

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 January 2024

If you would like to relinquish your rights in the property then you can execute a registered release deed,  which would be sufficient to prove that you don't have any rights in the property after that. 


(Guest)

Thanks for your prompt response and valuable advise.

But the problem here is if anyone of my family does not agree to sign on relinquish deed at sub registrar which i about to give, then the entire efforts will be wasted.

 

can i optout without their presence by relinquish deed ? or is there any other option to opt out without their presence?

I hope you understand my struggle. They will quarrel between themselves and asks my presence for several village councils(Panchayat). even though I went, some will come and some will not come and the panchayat will be postponed and I have to go again. I am unable live peacefully and unable to do my job. Think how can I get as many as leaves from office? 
This is happening from so many years and nothing will sort out for any of those even with my presence. instead, one of them will through the issue on me.

I vexed with these.

 

Kindly suggest me how to solve this issue.

 

 

 

Dr. J C Vashista (Advocate )     24 January 2024

It is better to consult a local prudent lawyer with relevant records, facts posted are too long to go through, anlayse and oblige.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 January 2024

If you relinquish your rights to a common property, it is not necessary to obtain concurrence from others who claim rights on the property. You can unilateraly execute a reliquishment deed in the presence of 2 witnesses who are outsiders having nothing to do with the subject property. The property in question should be adequately described.


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