• Share of the property in confusion

The land measure 3-13 gunta.

Family ---- Revanna is the absolute owner, he has 3 sons
1) Revana Siddhartha 2) siddappa 3) kalaiah.

In 1962 --Revanna and his first son Revana siddappa has made sale deed to Gujjarappa as 2nd and 3rd are minors.
In 1967 --Revanna is no more.

In 1974 partitions made by 3 sons through panchayat parikath to all other properties but this property has excluded in parikath, don't know why.

In 1981-- 1st son Revanna siddappa and 2nd son siddappa made sale deed to Revamma 1 acre each ( total 2 acre), Revamma is none other than 3rd son wife( kalaiah wife). 

In 1990 --- the sale deed took place in 1962 whose name Gujjarappa, the Gujjarappa and his son made relinquish deed to 1) Revana siddapa 2) Siddappa 3) kalaiah by taking 4000rs from 3 of the Revanna sons in 1990. extend of 38 gunta.

The question is:-
1) In 1981 sale deed which took place for 2 acre but they can only make sale deed of 31 gunta , in 3 acre 13 gunta only 2acre 15 guntas only available for 3 sons(2 acre 15 gunte 1/3share = 31 gunte each)of Revanna as the Gujjarappa owns 38 guntas.

 only 1st and 2nd sons made sale deed to Revamma, in registered paper clearly mentioned 1 acre each.

2) will the 1st and 2nd son get the rights in 38 guntas and 15 gunta =1 acre 13 gunta, (1/3rd share 17.5gunta each) or only in 38 guntas (38/3=12.3guntas each)

 Other wise 1st and 2nd only have rights in only 13 guntas which is left as they made 2acre sale in 1980 out of 3 acre 13 guntas.


No doubts that Revamma is absolute owner for 2 acre but what about relinquish deed of 38 guntas in favour of 3 sons of Revanna in 1990 and 15 gunta which left as it is. 

PLEASE NOTE:- Relinquish deed taken place in 1990 and sale deed happened in 1980

I'm very confused how much the right they have Whether they have rights for 1/3 share in 1acre 15 guntas or 1/3rd share--in 13 guntas or in 1/3rd share in 38 guntas.

Please clarify
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

The relinquishment will lead to addition in the existing share and the total share will include the property relinquished

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes you are on the right direction as stated above

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The information submitted by you in your query lacks clarity.

Especially in the absence of the scrutinisation of the relevant proeprty documents, no opinion can be rendered  and any opinion to the improper information furnished by you shall be a misguidance.

Hence you better contact a local advocate with all relevant papers and clarify all the details that you are in doubt about.  

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You are repeating the question with vague details.

The information submitted by you in your query lacks clarity.

Especially in the absence of the scrutinisation of the relevant proeprty documents, no opinion can be rendered  and any opinion to the improper information furnished by you shall be a misguidance.

Hence you better contact a local advocate with all relevant papers and clarify all the details that you are in doubt about.  

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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