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release deed


Dear experts, I have a query on getting release deed from my aunt (Sister of my father) regarding ancestor's property. We have plan to do house partition among us (Uncles, i.e.. Elder brother of my father and younger brothers of my father) on our ancestors property old house at Thanjavur (Built by our great grand father on 1950's). However, my aunt is ready to sign while on the partition as she already got married on 1970's with adequate expenses which equates property value now, where my dad's is not like to be so. On the other hand, son of my aunt who is married now claims the house as equal since that is ancestors property and least bother about the expensive marriages which has no proof for that. Now my concern here is whether getting release deed from my aunt is sufficient along with this partition. If so whether my aunt's son can still claim on this case. Thanks in advance.
 
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FIN

Property inherited upto 4 generations of male lineage (undivided/ unpartitioned) is ancestral property.

If divided it loses its ancestral character.

Property inherited from mother is not ancestral property.

 

 
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FIN

Originally posted by : Vaishnav
Dear experts,
I have a query on getting release deed from my aunt (Sister of my father) regarding ancestor's property. We have plan to do house partition among us (Uncles, i.e.. Elder brother of my father and younger brothers of my father) on our ancestors property old house at Thanjavur (Built by our great grand father on 1950's). However, my aunt is ready to sign while on the partition as she already got married on 1970's with adequate expenses which equates property value now, where my dad's is not like to be so. On the other hand, son of my aunt who is married now claims the house as equal since that is ancestors property and least bother about the expensive marriages which has no proof for that. Now my concern here is whether getting release deed from my aunt is sufficient along with this partition. If so whether my aunt's son can still claim on this case.
Thanks in advance.

If your father does not agree then there is issue and amicable partition deed (registered) may not be possible.

In that case court of law is to be approached.

 

 
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Dear Sir, Thanks for taking up my concern. My father is no more now.
 
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FIN

Regret to know that you father is NO more.

Your previous posts does not inform about death of your father.

 
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FIN

It is beleived that you are all HIndu.

Confirm!

 
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FIN

ClassI legal heirs of Hindu male have 1st right and equals share i.e: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters...............

They step in the shoes of deceased father.............

 

 
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Thanks a lot for your valuable opinion sir. As confirmed, yes we are all Hindu. In this partition among myself, uncle, aunt release deed matters, is my aunt's son's signature mandatory?
 
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Advocate

Is the property really ancestral?

 
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Advocate/Attorney

Property lying on the female name (though it is ancestral) cannot be treated as ancestral and it is her exclusive property.  Your aunt can release the property. Her son cannot claim the property. 

 
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