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Sree Ranjani   12 November 2018

Release Deed on Ancestral Property

Hi All,

My great grandfather had an ancestral property. He had a son (my grandfather) and a daughter. After the death of him and my Grandfather, my father and uncle's settled money to my grandfather's sister and her 5 daughter's for the property. But only my grandfather's sister and 3 of her daughter's signed the release deed for the property.

Now when we try to sell the property, the 5 daughter's are saying they want share if not they will file case against us. Please let me know if it is possible for them to file case and what we should do.

Thanks


Learning

 8 Replies

R.Ramachandran (Advocate)     12 November 2018

The facts given by you are not sufficient to give any answer to your query.

You have to give the following information, before any useful reply can be given to your query.

1. When you say your great grandfather had an ancestral property, please indicate - from whom did he get it?  In which year he got it?

2, In which year did your great grandfather die?

3. Whether the Release deed signed by your Aunt and her 3 daughters is Registered?

 

Kumar Doab (FIN)     12 November 2018

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

The daughter was married as on date ofd death of father?

The property is in which state?

The settlement of money/release deed is registered?

On said date of release was there any revenue code/procedure/rule/law in  state that said deed may not be registered?  

Confirm!

 

Shashi Dhara   12 November 2018

U sell the property with out any hesitation if any purchaser comes and ready to face risk. Let they go to court of law.it takes decades to finish.let they experience the court proceedings and learn good lesson.

Kumar Doab (FIN)     12 November 2018

The buer may prefer to obtain legal opinion and if all mutations record with link docs shwo the title as perfect (can be perfected) the counsel of buyer may ask buyer to go ahead.

You can also obtain proper legal opinion in writing.

If there is NO defect then you may sit pretty and move forward.

However the OP may prefer to obtain stay/injunction and that may have to be vacated on merits.

The tactics of the OP are soemtimes to bring the party on negotiation table.

Sree Ranjani   12 November 2018

Thank you all for your suggestions/comments,

The answers for your questions are as below,

1. When you say your great grandfather had an ancestral property, please indicate - from whom did he get it?  In which year he got it?
[Ans] I just clarified this with my father, the property was bought by my Great grandfather and was not inherited

2. In which year did your great grandfather die?
[Ans] My great grandfather died in 1978 and my grandfather died before him in 1974

3. Whether the Release deed signed by your Aunt and her 3 daughters is Registered?
[Ans] Yes this was registered

4. The said property is agricultural land, rural, Urban, or it is a building?
[Ans] This was an agricultural and rural land but now we don't do any agriculture

5. The daughter was married as on date ofd death of father?
[Ans] She was married before the death of my great grandfather

6. The property is in which state?
[Ans] Tamil Nadu

7. The settlement of money/release deed is registered?
[Ans] Yes

8. On said date of release was there any revenue code/procedure/rule/law in  state that said deed may not be registered? 
[Ans] Not Sure

Thanks again

Kumar Doab (FIN)     12 November 2018

Apparently your interest seems to be safe.

However NO one can prevent anyone from approaching court as already posted.

Sree Ranjani   12 November 2018

One information I got clarified now is, in the release deed, my grandfather's sister have signes and her daughter's have been written as witness. Should there be a separate document for each of the daughters to release the property?

Sree Ranjani   13 November 2018

Also among the 5 daughter's only 3 daughters have been witness, will the other 2 daughters be able to cause any issues?

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