Legal Question in Real Estate Law in India
My father has executed and registered a release deed in favour of his sisters of my deceased Grand Father's Property by receiving a small amount without getting my consent. I am a Major Daughter of him, not accept this release deed and demand correct market value consideration. But his sisters denied to give this amount. They have not shared this property among themselves till now. Now I propose to file a suit for cancelling this deed . I need clarifications that
1) Can I include my father only as a respondent? Because I am willing to get stay order for the partition without inform them and submitted to Registrar only at present. Is it possible?
3 Answers from Attorneys
you need to have your father and even the sisters in whose favour the release deed was made, as party to the partition suit.
You get right in the property as heir of your father. Now since your father has released the property by way of registered deed, your father no-longer has any right in the said properties,and there by you also do not have any right therein, because what you get is from your father's share only. Also since the release deed in not challenged by your father,then you have no locus standi to challenge the same.
Feel free to contact
Vivek N Mapara
May be.
Depends on nature of suit and facts and circumstances pleaded therein.
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