1)on your grand father demise your mother had 1/7th share in the 5 acres of land
2) if your mother had relinquished her rights on the property you cannot claim any rights on said property
Claim on grandfather's property
My Grandfather had earned a property of 5 acres(self earned).He died without writing a will. He has 6 daughters and 1 son. After the death of my grand father he emotionally blackmailed the daughters and got their signatures over the property My mother aged 57 also signed to the paper allowing him to take all the property. At the time when my mother signed,all his childrens including me had attained age of 20+. I was 22 when she signed it. In the papers he has claimed that daughters have been given adequate money for marriage and other purposes(no proofs have been shown ). can i claim property rights of my grandfather property?I come from a hindu family.
Asked 9 years ago in Property Law
Religion: Hindu
15 Answers
Just to add,my mothers son got all the property signed to his name.
Asked 9 years ago
Sorry My grandfathers son..Sorry for confusing you all.
Asked 9 years ago
obtain certified copy from sub regsitrar office as to documents signed by your mother and other legal heirs .
1. When did this transaction take place?.
2. Did all the sisters executed Relinquishment/Release Deed in favour of their brother and was it duly stamped and registered in the office of the Sub-Registrar concerned.
3. Do you have any evidence of your maternal uncle's emotionally blackmailing his sisters.
4. If you can prove that the Release/Relinquishment Deed was executed by sisters in favour of their brother not voluntarily and they were emotionally blackmailed by their brother, then you can go to court to set aside the Release Deed.
Hi Sir, 1) This Transaction took place in 2004 and i was 22 years then.My consent was not taken during that time nor consent of any other grandchildrens who had attained the age of maturity taken. 2) All the sisters did execute the Deed in favour of their brother and it is duly stamped. 3) I dont have any hard evidence to prove the blackmail stuff(as it was more of emotional blackmail where he said he will commit suicide if not signed)
Asked 9 years ago
1) your consent was not required as it was self acquired property of your grand father
2) if deed of relinquishment was duly stamped and registered you and your mother have no case for claiming any share in property
1. Because the property was your grand father's self-acquired property, the consent of grand children was not necessary and only the consent of grand mother(if she were alive at that point of time), her children would suffice.
2. Since the sisters voluntarily executed the duly stamped release deed in favour of their brother, no case can be made out now and also in view of limitation of the time.
3. Is your mother alive?. If she can endorse your opinion of her brother blackmailing sisters to get the release deed executed by stating that he will commit suicide if not signed. Then there is a remote chance of approaching the court to set aside the release deed.
Hi, when all the daughters have executed the release deed then they can not claim the right over the property and Secondly it is not an ancestral property so consent of your is not required.
1. before September 2005, daughter was not included into coparcener system so she had no right at that time to claim share in ancestral property.
2. It was your grand father's self acquired property so his children have no right to claim their share but on his death all the properties were converted into ancestral property and his children have right in it.
3. If he died after sep 2005 then you have right to claim your share in the properties but all the daughters had signed their relinquishment deed in favour of son so they have no right to claim.
4. you may file suit for cancellation of that deed under section 16 contract act, on the ground of undue influence.
5. his old age , affection towards son and emotional blackmail where he said he will commit suicide if not signed may be admissible if majority of sisters will in your favour. in some conditions oral admission is admitted by the court.
Satyabhamabai (Deceased By Lr) vs suryanabha, it is held by the supreme court that free mind of the party and awareness of all the facts are necessary in order to prove genuineness of any deed. But in relinquishment deed court shall have more caution to examine the deed on the ground of undue influence. A deed executed in undue influence makes that deed voidable.
1. It seems that your mother and her sisters executed a deed of relinquishment to relinquish their shares in the property. As a corollary thereto, each one of them ceased to have any share in the property. None of them can now claim a share.
2. You had no share in the property of your grandfather during her lifetime of your mother. You were to get a share only if your mother could sustain her share. However, she has relinquished her share.
1. Your consent was not required by your mother to relinquish her share in the property of her father.
2. The only ground on which the deed can now be challenged is undue influence by your mother's brother.
The property is reportedly a self acquired property of your grandfather. After his intestate death, his only son got registered release deed in his favor from all his sisters who relinquished their rights in it to him. The said deed cannot be revoked hence the so of your grandfather becomes the absolute owner of the property legally.
In any event this being your maternal grandfather's property, the rights over it will fist fall on your mother in respect of her legitimate share in it. Once she inherits that share of property, she will become an absolute owner of the property which can be disposed by her in any manner she desires, she need not take any one's consent for transacting with the property in the manner she chooses to. therefore the right to a share in that type of property extinguishes with your mother itself, and neither you nor any of your sibling can claim any right to a share in it legally or by any means. You can claim a share in your mother's share of property if she dies intestate.
Therefore do not try any gimmick in the pretext of claiming a share in your grandfather's property which will not be maintainable or tenable in law.
1. You have not mentioned as to who emotionally blackmailed the daughters,
2. Anticipate that their only brother had done so,
3. However, on which document the signatures of the daughters were taken by their brother?
4. Has the settlement deed or gift deed or relinquishment deed been signed by the daighters and registered?
5. If yes, then nothing can be done now effectively,
6. You have no right on the said property of your grandfather.
1. Yes, that was anticipated,
2. What was the document/paper which your mother and Aunts had signed to convey the entire property in favour of their brother?
1. Your query id eficient in providing adequate details/information,
2. What document was got signed by the brother of your mother?
1. If your mother and aunts had signed and registered any Conveyance Deed which transfers the entire property of your grandfather to your maternal uncle, then nothing can be done now,
2. You have no right on the said property in any way since your mother had her right on it which she has conveyed to her brother by registering a Deed in his favour.