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gaurav (student)     09 October 2011

Ancestral property

hello sir/madam,

i am a resident of new delhi, i hav a query regarding our property, which is located in new delhi itself, facts are like this, my grandfather had purchased a house during his employment days, after that he died intestate (i.e, without writing any will)  leaving behind two children , a son ie my father and his sister, now we want to get this property transferred at my fathers name, one advocate told us to get signed a relinquishment deed from their sister in the registrars office, now my question is that is a relinquishment deed is valid enough, can it be challenged in the court of law ??? because some one told us that relinquishment deed can be challanged in court.

If we execute a relinquishment deed and after that we want to transfer this property in my fathers name , will she be required in person to get this transfer!!!

kindly help and provide a fool proof solution which cant be challanged.

hope to get a reply soon



Learning

 2 Replies

Vinesh K Chhaya (ADVOCATE)     09 October 2011

About your matter it is matter under hindu succession act 1956

Your father has to lodge Civil Misc. Application for heirship certificate from the civil court. During the procedure the sister of your father will attach an affidavit with no objection in favour of your father  that she has no objection if the certificate will issue to your father. Then the court will issue the heirship certificate in favour of your father and on account of the heirship certificate your father will be owner of that property and will be able to add his name in property card and other revenue records

adv. rajeev ( rajoo ) (practicing advocate)     09 October 2011

Advocate has rightly given a suggeston to you.  But that relinquish deed should be registered.


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