Legal Question in Real Estate Law in India
Hi,Lawguru Team,My father and my fathers elder brothers wife (now deceased) gave the property purchased by their father to the third brother.Though there was no will by their father through release deed,is it valid,can some one release his / her rights without owning this.now as a grand son can I challenge the Release Deed.this is the case of Rajasthan
3 Answers from Attorneys
your father and your aunt certainly could release their share in inherited property (after father's death) to your uncle without consideration. You cannot challenge such relinquishment of shares by your father and/or your aunt.
The only exception to this is, if, property was not the self acquired property of your grand father and your grand father had also inherited it from your great grand father. then unless the property was partitioned, your father could not relinquish his share because you had a share through him.
You need to assess in the facts, circumstances and contents of release deed. As also, you need to check whether your claim is within limitation.
Consult your lawyer with all the details for proper advice.
No one can stop you to challenge the release deed but winning it in the court would be another story.
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