• Can kids of claim the property share in maternal grandparents

Hello Dear lawyer:

I have a question regarding  rights, title and interest of the property, when the maternal grand father passed away without any will. It was back in 1990's their sons  (Mr. brothers) made their sister (Mrs. XYZ)  sign off on the documents relinquishing her rights in the property/business and the interest-income there off.
These document were not signed infront of registrar of pune or any city; Since then (1990s) and now their business have grown many folds and also the properties. 

My question is can a son or daughters of (grand son) of Mrs. XYZ make a plea to the court of forceful relinquishing and bring the attachment on their properties and business from futher operations till rightful share of Mrs. XYZ is given to her.

Greatly appreciated.

Joesph D'souza
Asked 1 year ago in Property Law from Canada
Religion: Christian
1) deed of relinquishment has to be duly stamped and registered to be admissible in evidence 

2) it is necessary to peruse documents signed by your mother to advise 

3) take search in sub registrar office of pune where property is situated to find whether any such relinquishment deed is regd or not 

4) your mother can file suit for partition to claim her share in property 

5) grand sons have no share during mothers lifetime 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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1. No relinquishment can take effect without a proper deed of release/relinquishment or gift duly registered in the office of the Registrar on payment of requisite stamp duty.
2. So the sister/s can well file a suit for partition without disclosing the deed of relinquishment. Since the same was not properly executed or registered the same can not be taken into account.
3. if the same is relied upon by the brothers the sister can always take plea of exercise of force and coercion.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. Is Mrs XYZ alive? If yes then her children has no right title and interest on her property during her lifetime,

2. If she is deceased, then her children can claim right title and interest on their mother's share of her father's properties on the ground that there was no relinquishment deed registered by their mother duly relinquishing her share on her father's properties in favour of her brothers and also that she has been coerced to sign some papers with out informing her about contents of the said letter,

3. Her children can file a partition suit praying for injunction on operation of all the Bank accounts of their grandfather's business and also an order to maintain status quo as regard all immoveable properties of their grandfather.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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If Mrs. XYZ is alive their grandchildren have no legal right over the property. Check any deed is registered in sub registrar office of Pune where the property is situated as alleged.If she provides a power of attorney to any person he can file a case on behalf of her.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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My question is can a son or daughters of (grand son) of Mrs. XYZ make a plea to the court of forceful relinquishing and bring the attachment on their properties and business from futher operations till rightful share of Mrs. XYZ is given to her.
There is no provision in law for the children of xyz to claim the revocation of the release deed executed by their mother.In fact they do not have any right at all in the property hence it will be a waste exercise.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. The execution of the relinquishment deed, if done with free consent, draws curtains on the rights of the person who relinquished his share. As a corollary thereto, his legal heirs cannot claim succession to the property relinquished by him.

2. The relinquishment deed is not required to be signed before the registrar. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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