cpc

succession


Facts are as under:

1) Joint Family Property was distributed among two brothers (A & B) in the year of 1979.

2) Later on A Gifted the property of his share to his 4 sons (S1, S2, S3, S4) by way of 4 separate registered gift deeds.

3) S1 had 8 legal heirs (i.e. wife, son & 5 daughters). but he sale the property which he get from his father by way of gift deed, to his son only.

4) Father is not alive at this moment.

Now the query is

1) Whether daughters have any right in the property?

2) Considering the flow of property, can the father sell the whole property?

3) can daughters seek partition in property?



Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=891535

 
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Hello,

If the property is ancestral then daughters will have a share in the property. In that case, you can challenge the sale deed transferring property in the name of sons only. 


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the property is ancestral. but partition took place between grandfather and his brother in the year of 1979. thereafter grandfather made a gift deed in favor of his son. thereafter son executed sale deed in favor of his son. 

so wether the property remains ancestral property? or became separate property?

 
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A lease hold property purchased for lease price Rs1200/- in 1966 from Govt Odisha by my father died intestate in 2002 leaving behind legal heirs myself (son), 3 married daughters living in rich family and widow wife.

In 2011 the above 3 married sisters and widow mother relinquished the above property in my favour by executing registered deed mentioning out of free will in deed and signing on the deed in front of Govt Camera and Sub Registrar.

On the basis of above registered relinquished deed and premium of Rs1500000/- paid by me to Govt as conversion fee from lease hold to free hold, the Government Odisha issued Patta ROR in my favour in 2012 as sole owner of the property with all reversionary rights.

The sisters have taken Rs3000000/- in cash from me by hook or by crook by exploiting fraternal emotions.

Now, in 2020 above 3 married sisters are demanding exorbitant money from me or else threatening me to sue me in court of law and cancel the registered relinquished deed.

Can a registered relinquished deed executed in 2011 out of free will be cancelled in 2020 by 3 executants (sisters) when the other executant (my widow mother) and the beneficiary (myself) do not give consent for cancellation and also in view of issue of Patta ROR by Government in my favour as sole owner with all reversionary rights and duly converting propertyromrom lease hold to free hold on receiving Govt conversion fee Rs1500000/- from me including conducting bonafide verification of the relinquished deed and not obtaining any complaint within due time of Government notification?

Your valuable jurisprudence on the matter is highly solicited.

Regards.
sachirath4@gmail.com
Mobile no.9692089815
 
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