• Can daughter/son claim from mother after relinquishment

My father  was an employee at TATA Steel. He got leased land from TATA Steel on which we have built our house in 1984.My father expired in 2006 without making any will.In 2006 my mother relinquished her right in favor of me and my brother.The mutation was done Tata Steel Land department  (local municipality) in favour of me and my brother.We are two brothers and two sisters, now after 9 years of my father's death my two married sisters are claiming to add their name in TATA Steel land records.They were married 30 years back and given lot of dowry by parents so that they dont ask for anything after marriage. Can TATA STEEL Land Department add their name without me,my brother's and mother's consent ?
Asked 1 year ago in Property Law from Jamshedpur, Jharkhand
Religion: Hindu
1) since your father died intestate each legal heir had 1/5th share in land 

2) your mother has relinquished only her 1/5th share 

3) your sisters have not relinquished their share . 

4) consent of other legal heirs is not required for addition of their names 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. Did your sisters sign as witnesses on the relinquishment deed? 

2. After the demise of your father his widow and all his children inherited his property equally.

3. The relinquishment has been done by your mother and not your sisters. So your sisters have an equal share in the property. As such, their name is to be added in the records.

4. Giving of dowry does not impair their proprietary rights.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi,
After your father's death in 2006, your mother and four of you brothers and sisters were equally legal heirs to your father's property. Since it was in Tisco area, naturally it was a leased land and it does not make any difference as most of Jamshedpur area itself is a lease land. Now, your sisters have a right in your father's property as being class I legal heirs. They can approach the court (Not Tata Steel's Land Dept.) for their share in the father's property.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi,
since it was your father's self acquired property and in absence of a will, all of you are legal heirs. Your mother relinquishing her right in favour of you & your brother doesn't seem to be in consequence of legal procedure. You must approach a court to get a Heirship Certificate and for that you need to include all the five names (including your mother). The court will issue Heirship certificate in favour of all the five members and then your mother can relinquish her share in favour of anyone.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
after the amendment in Hindu succession act 2005 by september 2005, daughter is now included in the coparcenery system and she has interest in joint hindu family property along with son. so they can claim their share in the property. your mother's share will be distributed between you & your brother. after demise of your father each member had 1/5 th share but after your mother's relinquishment  you & your brother will get 1/5 + 1/2 share of your mother. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
you have an extra right in the property i.e. marriage expense out of the joint property. this expense will be deducted from whole property then distribution of share will taken place.  
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Hi, married daughter is also entitled to share in the ancestral property  as your father has not executed any will in respect of the house then all the legal heirs are entitled to share in the properties.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) have you applied for probate of will ?

2) if your sisters are claiming share in property forward copy of will to land department 

3) you will have to apply for probate to prove that will was executed by your father in presence of witnesses 

4) if will is proved and probate granted sisters won't have share in property 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Hi, will  need not necessarily required to registered and it was affixed by two witnesses then on the basis of the will you can claim the ownership of the property.

2. Tata Steel land development can not add the name of your sister without your consent and your sister has to obtain court order to add their name.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Initially you had said that your father died without a will but now you are saying that he made a will. Clarity of thought should precede dissemination of information. 

2. According to the will made by your father his two sons are his only successors. The daughters have no share in the property in the light of the will. 

3. The will should be got probated as in the absence of probate the will is nothing more than a scrap paper. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. The name can definitely be added without a court order. 

2. You should file for probate of the will and then the court order should be shown to TATA STEEL Land Department to repel their claim.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Your mother was not the sole leasee/owner of the property after the demise of your father intestate and all your brothers and sisters alingwith your mother have equal shars on  the said property,

2.She owned only 1/5th share f the property which she can relinquish in your name,

3.Your sisters can certainly claim their shares.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
1. You should now apply for probate of the said will,

2. After probate is granted in your favour, you should send copy of the said probate to TATA STEEL Land department to add your names in their records,

3.You should send a legal notice to TATA STEEL Land Department enclosing copy of the will asking them not to entertain ny other claiment for the  said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0

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