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(Guest)

Property dispute related to release deed

Hi ,
I need an advice on a property issue.
I have an ancestral property in KOTA , Rajasthan. It was purchased around 1937 on the name of my father's Grandfather , father's Uncle & father's father (my grandfather). My father's grandfather and father's uncle(who did not have any children & his wife remarried after his death) both passed away before 1950, both did not create any will. then my father's father (my grandfather) , passed away in year 1975 , without creating will for the property. My grandfather was succeeded by wife ,four son & one daughter .My father is his eldest son. Since then after year 1984 , my father was living away from that property , but his brothers and his mother were living in house constructed on the same property & they were also doing business in the shops built on the same property. After lot of requests, they have agreed to provide us a piece of land , from that property , that was done through a release deed , signed by all my father's brothers & my father's mother (my grandmother).This release deed has been registered.
It was signed in year 2005. But even after that they are not providing the full posession of the property which was released through the said released deed. And , my father has not yet released anything to them from the remaining property. I have two questions , first of all ,How to get full posession of the property , released to my father through a release deed.We have all the legal documents .
and secondly , we are not happy with whatever have been released to my father, Could my father ask a share from the remaining property , because he has not yet released any part of property to his brothers. Need a quick advice on this. Thanks



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2010

Your father has to file a suit for declaration and possession and injunctiuon on the basis of the regd., release deed against his brothers and mother.

R.R. KRISHNAA (Legal Manager)     05 November 2010

Dear Amit, I agree with the advice given by Mr.Rajeev. But if you feel that the share obtained by such release deed is not fair, your father shall file a suit for partition and seek his appropriate share. Best regards.,

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