Sir,, This is Lokesh from mysore and now working in navi Mumbai, My wife's father and mother expired on 2002 at MYSURU. MY wife family comprises of , her brother , her elder sister and my wife . ( means my father in law has two daughters and one son) My wife and her elder sister signed relinquishment deed on 2003 for their ONLY brother on mutual understanding, Now her brother expired last yr 2019. now my wife and her sister wants share in a Ancestral property kindly guide us.
Now how could it be possible legally both sister has signed the relinquish deed on their brother's name. Kindly check whether that relinquish deed is registered or not and still the property is in the name of Father-in-laws name, instead of brother-in-law, then only both sister can ask their share in the ancestral property otherwise not.
Check Mutation papers from 2002 till 2019 on whose name property is and what is written in the relinquish deed any consideration clause is mentioned or not.
Once you give something it can not be taken back.
In other words with the execution and registration of the Release deed they don't have any semblance of rights in the property anymore.
In such circumstances it's better if they stop eyeing the property anymore.
Its a futile attempt if they try it in court of law.
Since they (your wife & her sister) relinquish their respective share, and, resultantly, the brother, deceased now, becomes the absolute owner, therefore, now in the present circumstances the property shall devolve among the legal heirs of deceased.
was he married? if yes, children?
- If the said deceased brother was married , then none has any right to claim over his property legally, except his wife and children .
- But, if he was unmarried , then after the death of his parents , his property would be devolved upon his sisters and brothers legally.
- Since, there is only sisters including your wife, then this property will be distributed between the two equally , as after his death the relinquishment deed executed by sisters having no value.
Had the property been transferred to your wife and her sister name at time of execution of relinquishment deed if not then they still have right on property provided you need to file declaration and partition suit. If they had right on property and then it was relinquished then its difficult to get a share however can be challenged. Feel free to contact me in Mysore for any further clarification or advice.
Claim equally as per Hindu Law.
Go for partition suit and get property divided amongst legal heirs by due process of law.
the thing is in yr 2003 her brother told that signatures is for khata transfer, and her brother told that we share our property later. so my wife and her sister assuming the same,at 2003 signed accordingly. But now only we came to know that it is not khata , he got it signed on relinquishment deed and further registered it also and transferred all property in his name. her brother is married and having two children one daughter-18 and one son-15. thanking you
Once registered relinquishment deed is executed your mother has no share in property
on brother demise property would devolve on his wife and children
Your mother has no share in property
even if she files case she would not get any reliefs
- Since, he is married , hence his property would be devolved upon his legal heirs.
- However, if you are having proof that he had taken signature on the false promise for khata transfer , then your wife should file a suit for declaration and partition before the court.
As per limitations Act, Court will also not accept this suit because time has been lapsed. So kindly ask your wife to request or Demand her share with niece and their mother.
Please share full details and documents for proper advice and action.
Half hatched knowledge leads discontent and failure.
Sir
What ever once Given can not be taken back, and if the same has been relinquished and the brother has also expired then everything goes to his wife and children.
it is advisable that your chances of succeeding is very low so there is no point seeking any share in the property.
You can file a suit for partition since the property appears to have not devolved in their name as such can file a suit for partition and declaration
If relinquisment deed is registered than cannot claim and brother property will inherit in his wife and children. If no wife and children than both sisters will inherit complete property.
Without sisters presence in sub registrar office, relinquishment deed cannot register.
1. Did your wife and your sister-in-law execute a registered Release Deed in the jurisdictional Sub Registrar's Office at Mysore in favour of their brother in 2003?. If it's so, then your wife and your sister-in-law will not have right to claim it now.
2. However, if your wife and your sister-in-law had not visited the jurisdictional Sub Registrar's Office at Mysore and had only signed an application in Mysore City Corporation for change of name in Katha of the property in their brother's name, then your wife and your sister-in-law will have right over the property.
You need to file a complaint of fraud and also file suit for cancellation of the said relinquishment deed
Now the property cannot be claimed.
If your wife and her sister have already relinquished their rights in the proeprty buy executing a registered release deed then they canot claim any share in that property
They do not have rights anymore in that property since they have already relinquished their rights.
Their brother cannot get the release deed registered on his own, your wife and her sister had to accompany him to the registrar office for executing the same before the registrar.
hence no claim is maiontainable now even they may create any stories at this stage.
Moreover her brother is no more alive now hence all the properties lying on his name shall devolve on his own legal heirs consisting his wife and children.
A. As your wife has released her share in the year 2003 she won't get any share over her brother property. Hence, Class 1 legal heirs of her brother will have equal share over the property in the event of died intestate ( no will execution) which means mother, wife, son and daughter will get share excluding your wife.
B. Since 17 years have completed she can't say that I didn't know about the execution of Release Deed transaction. Time is barred under the law of limitation. However if she is ready to establish the same it was executed in fradulant manner and she sholsh take the permission from the Court to condone the delay to file application towards law of limitation under Sec 5 if the court is satisfied then your wife can contest the case. But chances are very bleak.
revoke the deed, and she can file a suit for partition.
once registered relinqushment deed executed your wife and her sister cannot claim share in said property.
after almost 17 years suit is not Maintenable hence chances are bleak. best option is settle dispute amicably.
They cannot claim any share Now at this stage when your wife and sister already relinquished their share in 2003 in favour of their Brother.
1. On the demise of your wife's brother his property devolved through intestate succession on his widow and children.
2. Neither your wife nor her sister succeed to the property of their deceased brother.
3. The remedy in the hands of your wife and her sister is to file a suit for cancellation of the relinquishment deed on the ground that their consent was obtained fraudulently, but they will not be able to prove this in court.
