• Reclaim relinquished property - intestate

A Flat in a Society. Daughter pressurised to relinquish right in 2011 in favour of brother. Relinquishment Registered. Father passed away in 2008 before Registration. During Registration Mother became OWNER, Brother CO-OWNER. Mother passed away in 2016, Brother passed away in 2018. How to re-claim Property? Legal Heir established through SDM.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

If you are established does the legal hair in the property bill definitely be transferred to you as you are the sole legal heir to the property in class 1 legal heirship please change your hairsship with the Noida Authority.

Please see your comments. is this a property matter or motorcycles transfer issue ?

please be specific to your queries.

Thanks for your rating.

Further you may issue a notice to the Management Committee

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. The limitation period to challenge the relinquishment deed on the ground that it was executed under coercion was three years from the date of execution. She is now well past the limitation.

2. Since the claim is barred by limitation the suit will not be maintainable now.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If a Hindu person dies without a will or the will is missing, the wealth of the person will be divided on the basis of the “Hindu Succession Act”. After the death of mother in the year 2016, her share will be distributed among Class I Shares. If she made any document with regard to her share then it goes according to the document (If will deed is there). After the death of Brother also the property divided among the Class I legal Heirs.

The following relations are considered to be Class I heirs:

• Son/Daughter

• Widow

• Mother

• Son/Daughter of a pre-deceased son (pre-deceased means “already Dead”)

• Son/Daughter of a pre-deceased Daughter

• Widow of a pre-deceased son

• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)

• Widow of a pre-deceased son of a predeceased son

The widow (or widows), mother and each child(son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters are no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter.

So you can file a case for getting the share if the possession of the property in others hands. Also establish your case for getting shares.In the case of relinquishment the time for filing a case is over and it hit by bad by limitation ,eventhough you can file the case4 and use the mediation talks and settlement talks through court.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

On mother demise daughter would inherit mother share in property

2) on brother demise his share would devolve on his wife and children

3) relinquishment deed cannot be set aside after lapse of 7 years

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Firslty, as it has been mentioned in your present query that the right of the daughter has already been relinquished to brother.

Secondly, now, it does not create any difference as she was pressurised to do so.

Thirdly, but, yes after the demise of the brother and mother, being a legal heir she can claim her share in the property.

Fourthly, for mother share, she will dur curly be getting something for sure.

Fifthly, for brother share including her share which she released to him, will be subject to the point that who all are there as his family members, if no one then being the member of the class two legal heir, she may get in his share also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Relinquishment Deed is a document through which a person releases his/her share or claim in a property.

a deed of relinquishment can be set aside on the same grounds a contract can be set aside. Since there is no consideration or price in a deed for relinquishment, the way to challenge and set aside the deed of relinquishment is on the grounds of fraud, undue advantage, misrepresentation or similar grounds.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hello,

The propert will come to the daughter by virtue of succession. She relinquished her right for the lifetime of brother.

Since the brother and the mother passed away without a will therefore she becomes the owner of the property. She can go ahead and claim the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Relinquished property cannot be taken back though on demise of mother she will have equal share in mother's share.fuerher if brother is not having any legal heirs then she can claim that share also.

Based on death certificate and affidavit the property can be mutated in her name also along with the society can update the share certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

After release deed, re claim not possible. Was brother married, if yes than her wife and children will inherent his share otherwise you being class 2 heir will inherit absolute property.

You have claim in mother share 50% and rest 50% will devolve in brother family.

Apply for legal heir certificate at Tehsildaar.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

in whose name the flat originally stood?

if a relinquishment is given in lifetime of the original owner then such a relinquishment is not binding on any party

so you can still claim as a legal heir

there is no impediment in doing so

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

The daughter since relinquished her rights by a registered deed, now canot claim any rights in the property.

However since the mother was a joint owner, her share in the property upon her intestate death shall devolve on her legal heirs consisting the legal heirs of the brother and the daughter on the other side.

The share of the brother shall devolve on his own legal heirs

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to obtain the succession certificate;

2. Then go to the office of registering authority, and register in your name;

3. Obtain NOC from other legal heirs if they do not have interest in the property;

4. Consult a local lawyer and take a legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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