1) If the property is ancestral property than you also your share in the property and still your father can make relinquish deed as of his share.
Regarding relinquish deed
My Grand father has two sons, One is my father and other is uncle, My father make relinquish deed in favour of my uncle, At that time my age was 40 years. The property is from my forefathers. Whether the deed is valid as we, the son are major but not ascertained about the deed. And also in the deed my uncle has not put his signature. Is the deed valid
Asked 5 years ago in Property Law
Religion: Hindu
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19 Answers
kindly make sure If I will knock the door of the court can I win,
Asked 5 years ago
1. WITHOUT signature, NO deed /agreement /document shall be legally valid or legally enforceable, in any manner whatsoever.
2. FURTHER, no Deed /Agreement for any immovable property shall be valid, unless it is stamp duty paid and duly registered, before the local registrar of sub-assurances.
Keep Smiling .... Hemant Agarwal
the will made by him valid but only to the extent of his share .
you can seek the partition of the property by moving to court and filing a suit for partition. ... you should file partition suit in the civil court. all property will be divided by the court .
What is source of funds for purchase of property?
2) property which has remained undivided for four generations is ancestral property
3) your father could have relinquished his share in property
4) if it is ancestral property you can file suit to claim
Your share in property
It is necessary to peruse documents cited by you to advice further
Contact a local lawyer
You can ask for your share through court.. Relinquishment deed is valid.
See in case firstly land just being of fore fathers it is not necessary it is ancestral property or joint hindu family property.
Secondly if the deed is not signed by uncle and not registered the property is not conveyed therefore the same can be challanged before the court and it can be prayed to cancel same.
1. Who was the original owner of the property? A bald statement "property is from my forefathers' does not help to answer the query. You need to mention who originally purchased the property.
2. Only and only if the property was ancestral in your hands as on the date of execution of relinquishment deed you can challenge it before the civil court.
3. Your uncle was under no obligation to sign the relinquishment deed.
The property belongs to my grand father and he bought from his own money and subsequently the said property has been transferred in the name of his two sons one is my father and and another is my uncle, and my father made relinquished in favor of my uncle during the year 2009 and died during the year 2016. But in the relinquish deed although my father signed the deed but my uncle has not put his signature in the deed. In the witness place my uncle's son put his signature as witness. The Deed is properly stamped and executed in proper stamp fee. my question is whether the Deed is valid or not ? I have not been informed regarding the Relinquish Deed. Can I get my share ?
Asked 5 years ago
You have no share once your father executed duly stamped and registered relinquishment deed
2) your consent is not necessary to execute RD
The property is not ancestral in nature.
Since the deed is not complete as it is not singed by uncle the deed should be signed by both parties. Since the deed is not properly executed as not accepted you can challenge same.
You can ask for your share as it was ancestral property. Ancestral property if not duly partitioned remains ancestral. So you as a grandson can ask your share.
But you cannot get your father's share as relinquishment deed is voidable at the instance of your uncle. It cannot be void till your uncle denies it. If he accepts it then it will be valid.
Any ancestral property cannot be transferred by the title holder if there are other hairs to the property are available
A child from the date of conceived is a legal hair to that property and cannot be deprived of his rights any decision can be taken to benefit him but not to for any losses
This is relinquishment deed can be challenged on the basis of not signed by you
Without signature the deed is not valid
Yes you can get your share.
The deed is not valid if sign of both the parties and the witness is missing.
In light of the facts as told by you here, you may go ahead and file a case and claim your rights.
Regards
Hi,
You may approach the court for cancellation of the deed citing the reason of ancestral property for you. you have not mentioned whether the deed is registered or not?
If you can establish that this property is ancestral in nature, then you can file a partition suit seeking partition and a rightful share out of your father's share in the ancestral proeprty.
Even though he has executed a registered release deed relniquishing his rights in the property, it is invalid in law, hence you can file a partition suit anytime.
kindly make sure If I will knock the door of the court can I win,
You have to establish that this is an ancestral proeprty, after that also you will be entitled to a share out of your father's share in the property.
You can consult an advocate in the local and ascertain the issues before filing the suit.
Your misinformation will cost you a lot not only here but everywhere wherever you are misinforming somebody while seeking clarifications on any issue.
You first informed that this proeprty belonged to your forefathers, hence on the basis of your information, it was treated as ancestral property hence the advise and opinion was rendered on that basis.
Now you say that this proeprty was your grandfather's self acquired property which was properly transferred to his both the sons, after which your father seemed to have transferred his share of proeprty to his brother by executing a registerd release deed relinquioshing his rights.
If this is taken to be fact, then the registered release deed is absolutely valid and no dispute on that will be maintainable.
Dont waste your time by filing any suit to cancel the same, you may be losing your time, money and energy if you propose to file a suit in this regard.
1. Deed is invalid simply because the Receivers signature is absent and most probably the Deed is Not Registered before the Registrar of Sub-Assurances.
2. IF the Deed is invalid, THEN you cannot get any share.
Keep Smiling .... Hemant Agarwal