• Advice needed over ancestral property division

We are two brother and one step sister who is no more. Step Sister has got 4 children(1 boy, 3 girl and all of them are married). Now we both brothers are planning to divide our ancestral property. I have got couple of questions here - 

1. Do we need any permission/release letter from the children? Do they have any legal right over the property?
2. If we need to take the release letter(haqtyagnama), Whats the process and how it happens? 
3. Can anyone share the template for the release letter for the same. 
4. What documents will be required from the each party to sign the release letter from sister's side?
5. Do we need divided map of the property prepared upfront while doing release letter? 
6. Can we sell the property without transferring it to our name and without letting know the sister's children?
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

1) you need relinquishment deed to be executed by sister children. It should be duly stamped and registered 

 

2) there are no ready made templates 

 

3) it depends upon facts of each case 

 

4) you don’t need  divided map prepared upfront 

 

5) first mutation of property has to be done in name of legal heirs then property sold 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

1. They Shall have right on share of there mother so release deed from them is required.

2. Engage an advocate he shall help you to draft and register the release deed. The stamp duty on release deed need to be paid and same need to be registered before jurisdictional sub registrar office.

4 . First the property need to be mutated in favour of all legal heirs then they can relaese there share in favour of two brothers.

5. Undivided share can be released partition is not required.

6. No it can be challanged.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Second marriage when solemnized ? after demise of first wife if yes than step sister share will inherit in her children. Release deed required.

It will register at sub registrar office, stamp duty payable.

Yes

I`d proof will require.

No, just total area of property and 1/3rd share of sister which inherited in children.

They can challenge the sale.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Sir,

It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self acquired property. The right to a share in the ancestral property comes by birth.

1. Yes, you have to take permission/release letter from your sister children as they are coparcener of ancentral property

2. It has long process requiring drafting and registration and further requires personal discussion before drafting to avoid future complications.

6. No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry except the wastage of time running from pillar to post in the court premises.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Assuming that your parents died intestate (without executing a WILL), the property would devolve equally to 2 brothers and 1 step sister.

2. Since the step sister is deceased, her share in the property would be subdivided amongst her legal heirs.

3. The surviving children of your deceased step sister have right over the share in the property, to the extent of their deceased mother.

4.  If two brothers want to share the property amongst themselves, then the children of your deceased step sister have to execute a registered Release Deed, relinquishing their individual share in the property, in favour of you and your brother. This can be done in the jurisdictional Sub-registrar's Office, where the property is situated.

5. You can contact any Lawyer to prepare the Release Deed.

6. ID Card copy from the releasor's side and from your side a copy of the deed of the property, Katha, Affidavit, which will be available in the stalls near SR Office., Latest tax paid receipt.

7.  No need to submit the map of the property.

8.  You can sell the property without getting transferred in your name, but, however you have to obtain registered Release Deed in your favour by the children of your deceased step sister, as well as Khatha in you and your brother's name, after the execution of Release Deed in favour of you and your brother.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Dear Sir,

My answers are as follows:

1.Do we need any permission/release letter from the children? Do they have any legal right over the property?

Ans: Yes, get release deed from them.

2.If we need to take the release letter(haqtyagnama), Whats the process and how it happens?

Ans: It is to be registered in format.

3.Can anyone share the template for the release letter for the same.

Ans: you must consult personally to any expert.

4.What documents will be required from the each party to sign the release letter from sister's side?

Ans: ID proofs, family geneaology etc.,

5.Do we need divided map of the property prepared upfront while doing release letter?

Ans: it is better to have such map to avoid future complications

6.Can we sell the property without transferring it to our name and without letting know the sister's children?

Ans: You can if purchase is ready.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can sell without transfering if all are ready to sell and no one is objecting. You can execute Registered partition deed also for the same. Yes you will need NOC or release deed from all legal heirs including children

Prashant Nayak
Advocate, Mumbai
34574 Answers
249 Consultations

decease sisters children have rights in mothers ancestral property you need to execute a release deed or relinquishment deed. Without consent of your sister children's you cannot sell the said property may be in future they can claim or challenge. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

1. On what basis do you in the first place call the property ancestral?

2. If the property is ancestral in your hands then it has to be ancestral in the hands of your step sister too. As a corollary to this, her share in the ancestral property has devolved on all her Class1 heirs i.e husband and children.

3. Release deed has to be executed by all heirs of your step-sister and then registered.

4. Get the release deed drafted by a lawyer.

5. A site plan of the property has to be drawn up by a draftsman and annexed to the release deed. 

6. You cannot sell the property without the consent of your step-sister's heirs.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If the step sister was born out of legal relationship with your father then she is eligible for her legitimate share out of your father's share in the property. Therefore upon her death her own legal heirs are entitled to succeed to all her assets as successor in interest. 

You may have to obtain a registered release deed from all of them relinquishing their rights in the property in your favour. 

2.contact a document writer who will provide the details. 

3.see the above answer. 

4. Same as above. 

5. Not necessary. 

6. It will be illegal. 

T Kalaiselvan
Advocate, Vellore
90061 Answers
2499 Consultations

  1. The nature of the property is ancestral, there is no dispute to this fact.
  2. And as the property has not divide yet, now after the 2005 amendment daughter would also have equal share in the ancestral property irrespective of their marital status.
  3. Yes, all her children would have share in the share of your sister (but only one share as she would have also got one share which now would be called as notional share).
  4. And if you sell it without their consent then anyone one out of those can file a suit for his or her share in the sell amount before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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