Hi, my mother had inherited properties that belonged to her mother and father was forced to sign over her property rights to her brother. Now my grandfather belonged to a prestigious family and they had inherited and leased a lot of land parcels to the government. These land parcels are now getting released. I’d like to know whether my mama I.e mums brother gets natural ownership to these ancestral properties or do we (myself and my brother) have any right to these properties. Also the relinquishment document was signed after we were born. Thanks
Just to add we were minors at the time
The property belonged to your mother's parents. After their death the property belonged to their children. Her children don't have a right to them.
Now she had signed a relinquishment deed and hence the property now belongs to her brother.
Now if the relinquishment deed was signed under duress she can challenge the deed. She has a share in the property if she gets the deed annulled.
Minor children don't have any rights to the property as their parents are their guardians.
Thanks. The properties in question were not owned or known of at the time of the deed as they were owned by our forefathers. Also her parents had just passed when she was asked to sign
Ok. You may file a case to challenge and for cancellation of the relinquishment deed.
Has mother executed registered relinquishment deed
she should file suit to set aside relinquishment deed if it was executed on account of coercion within 3 years of its execution
Let your mother file suit to set aside relinquishment deed
Mere signing does not amount to relinquishment of rights on property
registered relinquishment or gift deed ought to have been executed
You can challenge the deed on the ground of involuntary signed by your mom and go for suit of cancellation.
Basically and legally these properties what you have mentioned are not appearing to be ancestral properties.
In fact since it is your maternal side, ther is no question of properties to be ancestral in nature as far as you and your siblings are concerned.
If your mother is alive then it is she who has to fight for an equal share in the properties that is being returned by government to the legal heirs of your grandfather, as a right.
The relinquishment deed signed by her may not be to the properties that are being acquired by your maternal uncle now on behalf of his deceased father.
Hence your mother's rightful share in the said properties can be claimed by her and in her absence, her own legal heirs can file a suit for partition claiming her share and separate possession of the same.
Since your mother as a legal heir to her father had relinquished her share in the property, there is no necessity to get your signature or consent, hence, whether you are minor or major will not make any difference to this situation..
Your mother's parents or her grandfather cannot be termed as your forefathers.
Your forefathers constitute the fathers of your father's previous generations.
Therefore you cannot claim any right in the said properties be defining them as ancestral properties.,
It is not an ancestral property to you.
You and other legal heirs of your mother (if she is not alive now), can fight her share in the properties that has been acquired by your maternal uncle on behalf of your maternal grandfather.
Dear client,
The 2005 amendment to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and also in the coparcenary property of her parents. You as minors are the successors of your mother property you will not have direct share in it like your mother and her brother have.
Thank You.
