• Release deed

My grand father had 3 sons namely a,b,c. After his death 
the property was in is name still. my dad wen I was 8 years named 'a' have given release deed to his two brothers b and c . Through Release deed was registered in elder son a gave away all his rights over ancestral properties . Now still the property is in my grand father name .Now am son of elder son 'a' have gone to court for share in ancestral property of my grand father which is undivided. Is I am legal heir of my grand father property will I get a share in my grand father property since my dad has executed release deed wen I was 8 years and later on he passed away .please I need legal opinion about
Asked 13 days ago in Property Law
Religion: Hindu

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25 Answers

No now u cannot get it

Roshan Khatri
Advocate, LUCKNOW
132 Answers

Not rated

1. For a Property to be classified as "Ancestral Property",  property should be ATLEAST Four generations old.  Here IF property was acquired by Grandfather, THEN it is Not Ancestral Property.

2. Further, Once release deed is executed it becomes Final & Irrefutable and other legal heirs CANNOT claim anything on the property that was released or given away.

Hemant Agarwal
Advocate, Mumbai
5406 Answers
25 Consultations

5.0 on 5.0

You would have no share in property once your father has executed registered relinquishment deed 

kindly clarify on what basis you say it is ancestral property 

Ajay Sethi
Advocate, Mumbai
78836 Answers
4741 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that once your father has given release deed of his share, you may ask your share being the legal heir of the grand father. 

Ganesh Singh
Advocate, New Delhi
6427 Answers
13 Consultations

4.5 on 5.0

You will definitely get your share as he has released his share and not yours

Prashant Nayak
Advocate, Mumbai
22073 Answers
49 Consultations

4.4 on 5.0

1. In the ancestral property since the grand children as well had share you r father could not have executed the Release Deed.

2. Therefore even through the said Re lase Deed your due share in the ancestral property of your grand father has not be relinquished.

3. Now if you have already filed a suit for partition to claim your share as stated above then there is every likelihood then you would be given your share too.

4. However in the said suit seek relief of setting aside the previous deed of release also. 

Devajyoti Barman
Advocate, Kolkata
21552 Answers
311 Consultations

5.0 on 5.0

It is not ancestral property 

 

you cannot claim share in property 

Ajay Sethi
Advocate, Mumbai
78836 Answers
4741 Consultations

5.0 on 5.0

Actually only the legally undivided property is ancestral, if its already divided legally with your consent then you can't claim. If your consent was not there then you can claim

Prashant Nayak
Advocate, Mumbai
22073 Answers
49 Consultations

4.4 on 5.0

Yes u can definitely claim

Roshan Khatri
Advocate, LUCKNOW
132 Answers

Not rated

1. If it were to be ancestral property, then your father's execution of Release Deed in favour of his brothers, may not be legally valid.

2.  You can claim your share in the ancestral property, even though your father had executed Release Deed in favour of your uncles, when you were a minor. 

Shashidhar S. Sastry
Advocate, Bangalore
3202 Answers
175 Consultations

5.0 on 5.0

No neither property has acquired ancestral status. Once registered release deed was executed by your father, father no more had any share neither you.

If property was acquired by great grand father and intestate succession to your grand father than you have share in property being ancestral.

Release deed is valid for father share and not yours.

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

You are not liable to get the property as your father did a release deed.

1. Yes that is ancestral property. 

2. No, you cannot make the claim now

Rahul Jatain
Advocate, Rohtak
5300 Answers
4 Consultations

4.8 on 5.0

You would not get any share in grand father property as your father had relinquished his rights in property 

Ajay Sethi
Advocate, Mumbai
78836 Answers
4741 Consultations

5.0 on 5.0

Yes he can claim

Roshan Khatri
Advocate, LUCKNOW
132 Answers

Not rated

No because property already alienated by your father. Now it is self acquired property of b and c .

No share in self acquired property of grand father.

property still in the name of grand father name dose not make any difference. 

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

Yes,Definitely. 

You are one of the legal heirs of Ancestral Property of your grandfather and your father has no rights to execute release deed under any circumstances when you born and were 8 years old.

You may claim your rights by filing partition deeds and impleading all heirs in the suit for proper and equal division of property amongst all legal heirs of your grandfather. 

Ramesh Pandey
Advocate, Mumbai
2512 Answers
8 Consultations

5.0 on 5.0

.

Rahul Jatain
Advocate, Rohtak
5300 Answers
4 Consultations

4.8 on 5.0

You never had any right in your grandfather's property either then or now.

First of all it is not at all  ancestral property.It was your grandfather's property which was divided among his sons.

Your father had full rights to transfer his rights in the property by  a release deed to other legal heirs, he need not obtain the consent of his children or wife or anyone for this act.

As per law even now you are not entitled to any share in the property and you must remember that you were never a legal heir to your grandfather. 

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

1. No, he inherited the properties from his father, therefore it is not an ancestral property to anyone.

2. You are not entitled to any share in the property either at that time or now.

At that time itself your father relinquished his rights in the proeprty, thereby he has no property nor any rights over the property.

Therefore when there is no share of properties on your father's name, you cannot claim any share in the non-existent property.

 

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

1. As this is not classified as ancestral property, where are the rights of the children of the sons  who inherited the proeprty from their father.

The property loses its ancestral nature once it is partitioned among shareholders in between, hence  do not stretch your imagination up to your son, neither you nor your son are eligible  or entitled to any share in the property as a right.

2. No is the answer for this question.

This question was answered properly in the previous posts of the same thread.

 

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

Yes you will surely get it

Prashant Nayak
Advocate, Mumbai
22073 Answers
49 Consultations

4.4 on 5.0

A grandson’s rights on his grandfather’s property depends on the nature of the property. Whether the property is an ancestral property or it is a Self acquired property.

Mohammed Mujeeb
Advocate, Hyderabad
18659 Answers
11 Consultations

4.5 on 5.0

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
18659 Answers
11 Consultations

4.5 on 5.0

Call us through the website for further assistance.


Call us through the website for further assistance.


Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
18659 Answers
11 Consultations

4.5 on 5.0

1. The release deed by your father is not valid because he was minor at time of execution of release deed so that deed was null and void according to law. 

2. You can definitely claim share of your father from property of your grandfather but you must take ground that no one from your family have knowledge about that release deed because your father was young and he forgot about that registration.

Mohit Kapoor
Advocate, Rohtak
10561 Answers
7 Consultations

5.0 on 5.0

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