Hi, my mother had inherited properties that belonged to her mother and father and was forced to sign over her property rights to her brother when they passed. My grandfather belonged to a prestigious family and my forefathers 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. Just to add we were minors at the time. Thanks
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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.
Was relinquishment deed registered . Kindly clarify
If the release deed signed by your mother is challenged now, it will be too late
The court may dismiss your suit on the ground of limitation
So it will be very difficult to challenge the release now
Also if your mother is alive then her children are only her presumptive legal heirs. So as such presumptive legal heirs the children cannot claim any right in the mother's property so long as she is living
You have not informed in which year the release deed was made by your mother and why was there no challenge against the same in all these years. Court will obviously say that only because the leased lands are being resumed to the lessor, that the suit is filed to claim these lands. The challenge to the release deed ought to have been laid long back
If the said property was ancestral and your mom executed the documents without your consent as you were minor then that documents are illegal and cannot be admissible. You can challenge the same in court as for minor you need to take courts permission. But if was self acquired property of mother then you can object to the same except the documents were forged or not signed by her in proper mental conditions
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.
Dear client,
If these are real ancestral properties belonging to your family then your mama along with you and your brother will have a right to these properties. Rights in ancestral properties are accrued from birth.
Thank you.
