Legal Question in Real Estate Law in India

1. Mr ramlal purchased a land in 1952 in Delhi.Mr. ramlal is have 2 sons and 2 Daughters I.e.

� Elder Son Satpal

� Younger Son Piyush

� Elder Daughter Krupa

� Younger Daughter Anita

2. Before 1965 Mr ramlal was living with Younger Son Piyush.

3. In 1965, Elder Son Satpal came to Delhi because he was suffering from Cancer. He was having 2 Legal Heirs i.e. Elder Daughter Ashmina and Elder Son Vinod. Satpal Started Living in the 1/3 of the Property

4. In 1967, Mr. ramlal done a Registered Will in the Name of his Wife Mrs renu. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs

5. In 1968, Satpal died as he as suffering from Cancer and also Mrs renu(Wife of Mr X ) died.

6. In 1969, Mr. ramlal done a another Registered Will invoking the Previous WILL which States that

A. Whole Property Owner is Piyush

B. Legal Heirs and Wife of late Elder Son Satpal will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son Piyush. Younger Son Piyush was treated as Licensor and Owner in WILL

7. In 1971, Mr. ramlal died. Legal Heirs of Elder Son Satpal i.e. Mr Vinod has taken the possession(Started Living) in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. Vinod and Mr. Piyush . No Written Document was made.

8. In 1977, Elder Daughter Krupa and Younger Daughter anita(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr Vinod and Piyush giving there Whole Ownership Equally To Them.

9. Piyush is having 4 Legal Heirs (Elder Daughter kavita, Younger Daughter sunita , Elder Son chandraprakash, Younger Son prashant)

10. In 1994, Piyush died.

11. In 1997, Legal Heirs and Wife of Piyush has done there Own Relinquishment Deed giving the property half/half to Elder Son chandraprakash, Younger Son prashant and also stated that they are having the possession of the Property. But they are actually having possession of half of the Property

12. Sons of Piyush are not having any Source of Income so they want to have this property in any way

13. Mr.Vinod has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years. Also Mr. Vinod has Revamped(Re-Structure) the home in his Half around 2002.

Can anybody help me about how Mr. Vinod can take Title of His Half and What is possibility of wining the Title? Please help us as we are really feeling alone


Asked on 2/28/11, 12:58 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Mr. Vinod seems to have a strong case but i would like to go through all the documents pertaining to the property and relinquishment deeds in order to give a fair opinion.

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Answered on 2/28/11, 5:14 am


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