Hi, can my mom give relinquishment deed for the property which she inherited from her father (my maternal grandfather) without my consent? My maternal grandfather had 3sons and 2 daughters. The property would have been divided into 3(sons)+2(daughter) +1(wife,my grandmother) =6 parts. But both the daughters and grandmother gave up their ownership of property when I was minor, and the property of my grandfather got divided into 3 parts. Now can I challenge it? Since it's inheritance property, and I being grandson (though from mother's side), can I challenge /claim my property rights?
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Yes she can give.
No you can not challenge the same now.
The mother had the absolute right to relinquish the same.
Be that as it may, you do not have any right on the property of your maternal grandfather.
Only the mother has the right on the same, you will just have right on the property of your grandfather, father .
Regards
Relinquishment deed is a legal document where a legal heir gives up or releases his/her legal rights in an inherited parental property for another legal heir such as his mother, son, daughter, brother, sister, etc. So your mother can execute a relinquishment deed.
Had it been the case with my father giving up his ownership from my paternal grandfather's then I could have challenged it for my ownership, but with mom's case (where my mom giving up her ownership rights to my maternal grandmother property) I can't challenge for my ownership??? Strange, I was under impression law is same for male/female...
It is same for male and female. For example you and your sister will have same right on your father's and grandfather's property.
Similarly, the grandson of your maternal grandfather will have right on their property.
Succession follows in the male lineage
Mother does not need your consent to execute relinquishment deed
2) you cannot challenge relinquishment deed executed by mother as it is not ancestral property and you have no share in said property
It is not ancestral property
2) In your query it is clearly mentioned that property was inherited by mother from your maternal grand father . It is not ancestral property
3) the only property that can be called ancestral property is that which has been inherited by a person from his father, father’s father, or father’s father’s father. Therefore, property inherited by a person from his collaterals, such as brother, uncle, etc., or property inherited by him from a female, e.g., his mother, will be his separate property.
Child have right on ancestral properties from the day he comes in the womb of his mother in this case you have all the rights as you were the wind that time when the right were relinquished by your mother.
Dear Client,
You have no claim. Property inherited by mother was her personal property and she can give it to any by her choice. Your claim could have arise if she died without release deed.
And in your father case too, same pricipal will apply.
A. No you cannot challenge your mother's relinquishment of right as she inherited the right from her father property. By virtue of inheritance, she will become absolute right over the property and she can alienate (transfer) the property as her wish without obtaining any consent from her children.
B. You could have been claim share over your ancestral or joint family property which acquired by your father from their ancestral. Hence, you are absolutely barred by restrictions towards challenge of your mother's relinquishment of right.
you are not legal heir of your grandfather
so you can do nothing
legal heirs of a Hindu male are his widow, children and mother
