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srinivas pothabathula   26 September 2020

joint Property Dispute

Land of Grandfather(late) grandmother is alive & registered apart of land as gift to elder son (as he kept investment & constructed house for her to live) Registration is done without the consent of other children, is it legally accepted?


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 4 Replies

Suri.Sravan Kumar (senior)     26 September 2020

According to my opinion since the grand father died without executing any WILL, the land became joint property of his children. Each one will have equal share in the property. Your grand mother must have gifted her share to her elder son. and got registered. She did not gift the entire property as such it is legally accepted.

SHIRISH PAWAR, 7738990900 (Advocate)     26 September 2020

Hello,

After the death of their grandfather, his legal heirs will be a grandmother and their children. To transfer the property to the elder son other sons should relinquish their share in the property. So other sons' consent is required for the transfer.

 

Sachidananda Rath   27 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

Suri.Sravan Kumar (senior)     27 September 2020

According to my opinion you sisters cannot threaten you to cancel the Regd Deed when they have received the consideration of Rs3000000 from you. They cannot get any relief from the court. They want some more amount from you as per the present market rate. So dont worry.

 


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