Family tree: Ram(dead) / \ / \ Laxman(dead) Rajesh(dead) | | Chandan(dead) Rupa(80yrs alive) | | | | A. B. C. D. -A, B,C,D are all Male and alive. -I am “D” in this family tree and I am Hindu. -Earlier all property was in Rajesh’s name as he was educated in the family, meanwhile his only daughter Rupa got married longtime back and currently living in my house ie “D(me)”. -Both Rajesh and chandan died back to back so property directly came to “A” and “B” as they are Male hier and I am totally ok with A and B having property. The problem is my brother ie “C” want to get property share of Rupa from A and B Which I don’t want. As I was worried that my brother C would demand equal share from A and B, I got registered release deed from my mother Rupa and gave it to A and B but anytime my mother would change her statements because of the fear of my brother C. My objective is to keep property with A and B and my brother C shouldn’t get any share. My bother C has some doubt that I may have done this but not 100% sure and he is troubling A and B that he would file a case in court. Both me and my brother C knows that only my mother Rupa has rights over the property. As it from maternal side, we don’t have same right as my mother. But still my brother says he will file a case n my mother is living with me. Now I fear that somehow my brother would have got the General power of attorney from my mother and my mother is not aware of it. I also know that with this power of attorney he can file case against A and B and does not give my father’s property share as all my father property is in his name. My question is 1. Does the release deed is enough to keep the property with A and B? 2. Can I also get power of attorney from my mother? 3. Does it look suspicious that I got release deed and my brother got power of attorney and again I get one more power of attorney? How does it look in the eyes of judge. 4. What should my next move as my mother may go to my brother’s anytime as she is not completely aware of truth. I am aware that same general power of attorney can’t be given to 2 of her sons.
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Family tree is not visible because of formatting issue. Ram has 2 sons Laxman and Rajesh. Laxman has 1 son Chandan. Rajesh has 1 daughter Rupa. Chandan has 2 sons A and B. Rupa has 2 sons C and D.
1) release deed operates in favour of A,B, C and not only in favour of A and B
2) you rmother should execute registered POA from your mother
3) you r,other should revoke earlier POA given to your brother then execute POA in your favour
4) mother can execute gift deed of her property . It should be duly stamped and registered
In your first point, you mentioned that release deed works in favour of A,B,C and not only in favour of A and B. How? Could you please elaborate on this? In the registered release deed it is mentioned that my mother has given up all her property rights by accepting certain amount from A and B. When mother has given up all her rights, how can it works in C’s favour as he is her son? I can’t revoke earlier POA because what ever I should get, I need to do it with out my brother knowing it. How does it help me if my brother has got unregistered POA and I will get registered POA? Does it make any difference if it is registered POA vs unregistered POA?
1) your mother should revoke POA given to your brother
2) issue public notice of revocation of POA
3) then execute gift deed in your favour
In your first point, you mentioned that release deed works in favour of A,B,C and not only in favour of A and B. How? Could you please elaborate on this? My objective is property should remain with A and B and my brother C should not get any share. I don’t mind if I don’t get any share. In the registered release deed I got it from my mother it is clearly mentioned that my mother has given up all her property rights by accepting certain amount from A and B. When mother has given up all her rights, how can it works in C’s favour as he is her son? What I have done should help only A and B. So what I have done is enough?
your mother should execute registered POA from your mother
your mother should revoke earlier POA given to your brother
Issue public notice of revocation of POA
then execute POA in your favour
mother can execute gift deed of her property
Once you execute relinquishment deed it operates for benefit of all legal heirs
2) you can execute gift deed for your share in favour of A and B
according to your statement all property was in the name of Rajesh. so after death of Rajesh the said property came in the hands of Rupa i.e your mother. subsequently your mother made a release deed in respect of some property in favour of A&B through a registered release deed. now A&B became the owner of property mentioned in release deed.
you have nothing to worry about your brother. let him cry and make his good money bad by filing case as he likes best.
whatever property released by your mother in favour of A & B, those gone for ever and if there is any residue in the name of your mother, you two will get equally. there is no provision of law which can alter the said release deed made by your mother in favour of A&B, as you said that your mother released the said property in lieu of some money from A&B( at least it is mentioned in the release deed). if your brother himself or on behalf of your mother file a case to alter the description of property, they have to pay the value of property which your mother received from A&B and more over compensation to them.
so you may remain silent peacefully and enjoy your brother's barking.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
1. i assume property was self acquired property of Ram
2. after he died, it will go to his legal heirs - widow, mother and children
3. you have not given any information on the widow and mother of Ram
4. so i am assuming that Ram's property after his death went to his 2 two sons Laxman and Rajesh each having 50% share
5. both Laxman and Rajesh have died so their share will go their respective legal heirs
6. again there is no information on the widows and mother of Laxman and Rajesh
7. so i assume that 50% share of Laxman goes to his only heir Chandan
8. and 50% share of Rajesh goes to his only heir Rupa
9. so chandan and Rupa in turn become owners of 50% each
10. on chandan's death, again his share will go to his legal heirs - again no information in your query
11. so i assume it will go your cousins A and B both having 25% share each
12. now since Rupa has released her 50% share to A and B by a registered release deed, A and B have now become owners of the property each having 50% share
13. once the release deed is made and registered by Rupa, the subsequent POA she may make in favour of your brother C is of no consequence
This is ancestral property and will be get distributed as per Indian Succession Act ,Class I heirs.
My question is
1. Does the release deed is enough to keep the property with A and B?
If the property devolved on your mother then she can transfer the proeprty by a settlement or gift or sale deed to anyone's name i.e., to A and B also.
Since neither A nor B, C or D have any rights in the property during the lifetime of your mother, there is no question of relinquishing her rights and it is not the proper procedure in this situation.
If Chandan is reported to have died, what about the legal heirs of Chandan, by the way how is Chandan related to Rupa (your mother), this clarification would get you more proepr opinion.
2. Can I also get power of attorney from my mother?
You can very well get registered power of attorney deed from your mother if she is willing, but that will not entitle the title to property to your name.
3. Does it look suspicious that I got release deed and my brother got power of attorney and again I get one more power of attorney? How does it look in the eyes of judge.
This clearly appears to be an act fraud to cheat one particular person, instead your mother can apply straight jacket formula, i.e., to cancel the registered release deed and transfer the proeprty to A and B by a registered settlement deed which will solve the entire problem because nobody can question her authority of doing so.
4. What should my next move as my mother may go to my brother’s anytime as she is not completely aware of truth.
You can advise your mother of the step suggested above for an amicable settlement
I am aware that same general power of attorney can’t be given to 2 of her sons.
You are right in your understanding
Family tree is not visible because of formatting issue.
Ram has 2 sons Laxman and Rajesh.
Laxman has 1 son Chandan.
Rajesh has 1 daughter Rupa.
Chandan has 2 sons A and B.
Rupa has 2 sons C and D.
From the above it appears that Chandan is no more but has left behind his two sons i.e., A and B
whereas Rupa is alive and she has two sons i.e., C and D;
If the above is to be accepted then A and B has already inherited their father's share in the property, however this will not bar your mother to transfer her share of property in favor of A and B.
You cannot ask or stop your mother to transfer the same to your brother C, in any case, for this to happen your mother has to first cancel the registered relinquishment deed she has executed in favor of A and B, for this they both have to agree and should cooperate before the registrar's office to jointly execute the registered relinquishment deed.
After that also neither C nor you can have any rights in your mother's share of property during her lifetime
In your first point, you mentioned that release deed works in favour of A,B,C and not only in favour of A and B.
How? Could you please elaborate on this?
Please be aware that release deed can be executed only in favor of the co-sharers only and not to a third person, thus A and B or C are not co -sharers of Rupa, hence this may not be valid in law.
In the registered release deed it is mentioned that my mother has given up all her property rights by accepting certain amount from A and B.
When mother has given up all her rights, how can it works in C’s favour as he is her son?
The registered release deed has to be cancelled by executing a joint cancellation deed along with Rupa and A and B.
I can’t revoke earlier POA because what ever I should get, I need to do it with out my brother knowing it.
The principal of the POA deed only can revoke the power of attorney deed and not the power agent.
How does it help me if my brother has got unregistered POA and I will get registered POA?
Your mother cannot execute POA deed in his favor if she is not having the property anymore.
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Does it make any difference if it is registered POA vs unregistered POA?
Yes.
My objective is property should remain with A and B and my brother C should not get any share.
I don’t mind if I don’t get any share.
What is the reason and how do you think that it will be possible legally becasue A and B are not your mother's children, whereas C is her own son.
In the registered release deed I got it from my mother it is clearly mentioned that my mother has given up all her property rights by accepting certain amount from A and B.
When mother has given up all her rights, how can it works in C’s favour as he is her son?
Your mother once alienated the property cannot claim any rights in it until the previous registered deed is cancelled by a registered cancellation deed.
What I have done should help only A and B. So what I have done is enough?
For further steps you can consult a local lawyer on practical issues.