vikram singh 18 July 2016

Maternal property and haq tyag

HELLO FRIENDS, I WANT UR VALUABLE SUGGESTIONS. I M FROM JAIPUR AND I HAVE TWO MAJOR QUESTION ABOUT PROPERTY DISPUTES. 1- I HAVE HINDU FAMILY AND MY GRAND FATHER HAS AGRICULTURE LAND AND HOUSE PROPERTY. HE HAD ONE SON AND TWO DAUGHTERS AFTER HIS DEATH THIS PROPERTY WAD DIVIDE IN 1/3 PART. BOTH DAUGHTERS ARE DIED NOW AND BOTH WAS HAQ TYAG OF HER PART IN THIS PROPERTY IN FEVER OF MY FATHER. NOW QUESTION IS RISE THAT IT IS MY FATHERS SELF ACQUIRE PROPERTY NOW ? AND CAN HE GIFT/WILL TO ANY PERSON. WE ARE TWO BROTHERS AND THREE SISTERS. WE BOTH BROTHER HAS PROPOSAL TO FATHER FOR DIVIDE IN THREE PART 1/3 BUT LOCAL SUB DIVISIONAL MAGISTRATE SAID THAT FATHER CAN NOT DIVIDE IN 1/3 AND IT WILL BE 1/7. TWO PART FOR PARENTS AND FIVE PART WILL FOR BROTHERS AND SISTERS. SO SUGGEST ME. SOMEONE SAID THAT BUA'S PART IS SELF ACQUIRED PEROPETY OF MY FATHER. 2 SOCOND QUESTION IS THAT MY MOTHERS PARENTS DIED AND AFTER DEATH OF MY NANA JI MY MOTHER HAS HAQ TYAG ARROUND 2005 IN FEVER OF HER BROTHER. CAN SHE CHANGE HER DECISION AND CAN CANCLE TO HER HAQ TYAG OR GET THE PEROPERTY IN HER MATERNAL PARENTAL PROPERTY ?

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vikram singh 18 July 2016

my mothers maternal property also not self acqired property.

Kumar Doab (FIN) 18 July 2016

Was this Haq Tyag or relinquishment by Bua/mother thru valid deed and was it registered?

If yes, the property may acquire status of self acquired.

Cancellation can not be one sided.

If your father is partitioning then it can be 1/7 until or unless your sisters, brothers also relinquish by a valid deed.

Your father can dispose his self acquired property in his life time to any one ( outside his family also) by a valid deed e.g; gift/sale/mortgage/WILL etc

Property from mothers side is not ancestral.

A very able counsel specialzing in property/civil/family/revenue matters can advise you further after due examination of all docs on record, inputs.