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Vije   28 June 2024

share in ancestral property

share in ancestral property is reliquished by one of the son of joint family for consideration of amount. in deed it's mentioned that he or his representative will not claim any rights over ancestral property in future and deed is registered with sub registrar
deed signed by him n witness on 13/6/1973

now his wife wants to claim on behalf her deceased husband as her name n sign not in deed and telling she is not aware of deed (they were married at that time and they left the joint family after her husband signing this relinquish deed for consideration and she very well aware of deed but now claiming she is unaware of it)

can she now claim for share on behalf of her deceased husband
when deed clearly mentioned he or his representative won't claim right over property in future


Quick Summary
A son relinquished his share in ancestral property for a sum of money in 1973, signing a registered deed agreeing not to claim future rights. Now, his wife, despite being married and aware at the time, claims ignorance of the deed and seeks to claim her deceased husband's share. Legally, her claim is unlikely to succeed as her husband validly gave up his rights for consideration, and she is not entitled to his relinquished share.

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 June 2024

No, she will not get any share as her husband relinquished his share for consideration.

1 Like

T. Kalaiselvan, Advocate (Advocate)     28 June 2024

She was not entitled to any share out of her deceased husband's share of property the rights of which was relinquished by him during his lifetime.

Her claim is not maintainable in law.

1 Like

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