Legal Question in Civil Rights Law in India
I want to know, whether I can claim in the Indian court of law on my mother's father's property. My mother expired about a 8 months ago in early 2010. Before dying, in September 2009, she has given me a power of attorney to claim on her property. However, in 1994 when her father died, she signed a agreement with her brothers where she surrendered her property rights.
We filed a police complaint in late 2009 over her brothers on property claim which did not move ahead. We also sent them a notice through our lawyer in Oct-2009 for claim to which they said that we cannot claim and asked us to go to court where they will answer to our claim.
I want to know why and how can I successfully make this claim.
2 Answers from Attorneys
You cannot claim anything now after relinquishing your right over that property.
in case it is was the ancestral property, your mother solely can relinquish her share but cannot relinquish the share of her children, in case they are above 18 years of age. you may challenge the relinquishment and claim partition.
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