Legal Question in Real Estate Law in India

Relinquishment deed in joint family property

I have following query .

We have an property (agriculture land) in Maharshtra which was purchased my Grandfather.

My GrandFather died intestate

After his expiry the land was transfered (in 7/12 extract) in the name of my father,two uncles and two aunts as they were the legal heirs of my grandfather

My father had given a non registered relinquishment deed in one of my uncles favour with a verbal assurance of getting money in an year in return of executing this relinquishment deed .

My Aunts had given a registered relinquishment deed in one of my uncles favour

Few moths After executing relinquishment deed my father died .

Now my uncle has transfered my fathers and aunts share to his name (in 7/12 extract) and refused to give us the money .

Also he has partitioned the property in his and other uncles name with him taking 3/4 th share (in lieu of relinquishment deed being in his name) and giving 1/4 th share to other uncle .Accordingly only his name and other uncles name is present on 7/12 extract with the shares as described above

Is this property by definition ancestral property and if yes can I have a claim on this property by virtue of being granson

Thanks


Asked on 1/24/06, 7:01 am

3 Answers from Attorneys
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

Re: Relinquishment deed in joint family property

yes, you can claim as a grandson and it is an ancestral property as your grand father died intested.

Read more
Answered on 1/24/06, 7:54 am
Pravin Vaidya Independent

Re: Relinquishment deed in joint family property

Advice/opinion can be given only after perusing all relevant documents such as relinquishment deeds, partitioned deed, extracts from7/12 records,will of your father etc. etc.

Read more
Answered on 1/25/06, 12:15 am
Siddhartha Shah Siddhartha Shah & Associates.

Re: Relinquishment deed in joint family property

As regards the query as sought, You definitely have a legal right as regards your ancestral property. Since you have mentioned the fact that there has been a document a deed given to your uncle, now the status of that document needs to be checked, only after that one can come to appropriate legal conclusion. Anyways you have option to prepare your papers and immediately move to court seeking appropriate remedies in your rights and interest.

Read more
Answered on 1/25/06, 3:43 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India