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varghese (drvargheseae@gmail.com)     10 October 2016

Relinquishment deed mutation

after the sad demise of my father intestate  remaining ancestral property has been partitioned  between three brothers in the ratio of 40:45:55 cents( lowest is mine.) Since I was not aware of the consequences self agreed to their proposals and executed and registered  the partition deed with the help of a document writer in Kerala.  For the ancestral property there were total nine legal heirs. Out ôf nine four females and five males. all married and senior citizens now. Out of five brothers two brothers got their shares while my father was alive. When father dies intestate all his heirs have equal shares in his ancestral property. Therefore my elder two brothers hatched a plan to execute this deed secretly without the knowledge of other six legal heirs. Moreover there is a rift between my two brothers and,the remaining siblings.  Due to this fact they hide the facts and registered th partition deed . But the problem croped up when self aproached the concerned Village officer with a opy of the partition  deed for mutation (pokkuvaravu) . VO after going thru the partion deed told me that with this partition deed pokkuvaravu or mutation cannot be done as it has been mentioned in the PD that "THERE ARE NO ANY OTHER LEGAL HEIRS OTHER THAN WE THREE BROTHERS"  since father died intestate all legal heirs have equal shares in his ancestral proerty..The only solution is to obtain release deeds from all of the legal heirs and submit it for mutation. On his advise self consulted a lawyer and narrated all the incidents.also told him the strained relationship with my two brothers . Then the advocate prepared the relinquishment deed from all of the legal heirs in my favour only and got  it registered with the concerned Sub-registrar. Now I gt six shares īn my account and my two brothers only got their respective shares..With these documents self approached the concerned village officer now being a lady, fr mutation but the lady Village Officer is afraid of doing the mutation due to my elevated shares and the lower portition of shares of ther two brothers.

in his case what should I do. please suggest a remidial action in his matter. submitted please

 



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 2 Replies

Kumar Doab (FIN)     10 October 2016

Is it the same matter:

 

https://www.lawyersclubindia.com/forum/Mutation-of-relinquishment-deed-143063.asp

 

kanthraj   10 October 2016

Varges, you can file a partition suit and separate possession of suit schedule property in jurisdiction. You will get your share without any issues. Kanthraj Bangalore 9632708707

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