• Property

My gradfather purchased a property in 1933 vide registry now my gradfather died in 1979 leaving 4 sons & two daughters & wife In 1988 my gradmother died and in the same year we have an oral settlement and memorandum among  the 4 brothers that the said property will go to one of the son ( My father) who will give the three brothers money against that , and will also leave his share from some of property of my grandfather as per the valuer, there was a registered relinquish deed among the brothers in 1997.
Few days back my cousin  brother  who's father  has reliqunshed  his share in favour of my father has sent a legal notice that this property belongs to the grandfather so he is one of the coparcener and he also have right.

Please suggest me
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1) it was your grand father self acquired property . he died in 1979 . on his death your father had 1/7th interest in property . ( 4 sons , 2 daughters , wife all are legal heirs)
you have not mentioned whether your grand father left a will or not . i presume he died intestate . . on your grand mother death  her 1/7th share will devolve among her 6 children . 

2)the family settlement entered into does not mention about share of 2 daughters . although your father brothers have signed relinquishment deeds and received share of money   his sisters have not signed any such deed 

3)your cousin brother legal notice is devoid of any merits . it was self acquired property of grand father . his son ie your father brother had signed relinquishment deed . cousin cannot claim any share
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
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your aunts have not signed relinquishment deeds . they can claim share in grand father property .
Ajay Sethi
Advocate, Mumbai
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do you have RD of your uncle whose son has send legal notice
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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it is true that cousin can not claim though sisters still can claim
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
If RD is registered then he can not claim any property but Bua is entitle to get her share.it will be better to contact a lawyer personally with the documents for best advise
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
This property, if belonged to your grand father, would vest equally in his wife and all children after his death. The only way your father could have become absolute owner of this property is if other share holders relinquished their share in his favour. In terms of relinquishment deed made amongst your father and his brothers the property of your grand father was to vest in your father alone. 

If the deed of relinquishment has been registered according to law then it has put an irreversible seal on the rights of your father's siblings inasmuch as none of them or their legal heirs can now stake a claim to any share in this property. Hence, the legal notice sent to you does not have backing of law. His claim will not survive in a court of law.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Your father's sisters can claim their share in the property as they are not a signatory to the relinquishment deed.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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Whether your cousin brother was minor at that time.  If he was minor, his father's relinquishment can't be challenged.  Also, if u are in undisturbed possession for 37 years of property, you can not be dispossesed.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

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