My husband expired in 2000 & left with joint family properties received from his father of 12 acres and we had 2 daughters and one son. After his death my son took responsibilities & cultivating land & also married two daughters by sale of some properties & also sold few properties to meet our certain expenditures. In between, due some reasons son got addicted to drinks and by taking advantage of my family weakness, one of the daughter by name “A” & her husband collude each other & took gift deed of 2 acres of our joint family property into her name “A” in 2003 & subsequently, from my remaining 1 son “B” and 1 daughter “C” taken right relinquishment deed in the year 12/06/2019 in respect of 2 acres of land which she got gifted from myself and also she said in the same deed that she will not claim any share in remaining properties of the joint family. But now after taking 2 acres of land, she is trying to interfere in 3 acres of remaining land what is left for my 2 children’s and moreover, mentally I am harassed due to property disputes among my Childers in respect of remaining properties including her gifted share of 2 acres. Questions 1. Gift of property made by myself in 2003 is valid and lawfully can joint family property be transferred to my daughter through gift of property. 2. The right relinquishment deed made on dated 12/06/2019 by my remaining two children’s in respect of 2 acres of land can be challenged now against “A” & can they withdraw the same and can ask court for equal partition. 3. Can i set aside all gift and other things & can I file case to court to divide all the remaining properties including gifted property of 2 acres to divide into 1/4th share (3 for children’s and 1 for myself). 4. Now Ms. “A” is trying to sell the gifted land of property for third parties and can I get stay orders from court in respect of her sale of gifted property till settlement of our disputes among the family members. 5. Since I am senior citizen, I do not want to see any further disputes among my children’s in respect our properties and hence, please kindly advice the best. Apart from case Further, I have received a notice from my own sister Ms. "z" (since I am also one of the legal heirs) in which she is claiming her rights in my father's joint family properties against to my brothers and she brought 10 properties under the suit for partition. But I have interest to claim share along with her only in 6 properties and she has made me as defendant for formalities in her case for partition. Question 1. Now can I claim share only in 6 properties since I do t wish to claim share in all properties which were included by my sister in respect of my father’s joint family properties. 2. Can I claim my share being a defendant in my sister filed partition suit.
1) you can execute gift deed for only one fourth share in property
2) once registered relinquishment deed has been executed it would not be set aside .claim is barred by limitation
3) your suit fir setting aside gift deed is barred by limitation
4) you would not get any stay orders
5) if you had executed conditional gift deed you can take legal proceedings before senior citizen tribunal for setting aside gift deed
1. If the property belonged to joint family then it will come under HUF, in that case a single person cannot get any share in the property by a gift deed executed by another member of the HUF.
The properties under HUF belong to all the members of the HUF equally hence the transfer of property by executing gift deed in favor your daughter by your son ignoring the rights of other members of the HUF is not legally maintainable, hence the aggrieved persons can file a suit for partition and claim their legitimate rights and shares in the proeprty even at this stage ignoring the fact of this gift deed.
2. If the relinquishment deed made is required to be cancelled then it should be done within three years from the date of execution, since your case is barred by limitation, it may not be maintainable at this stage.
3. You can file a suit for partition claiming your rightful share in the property if you are not a party to the gift deed and the release deed.
You cannot fight for others rights.
4. You can file an injunction petition restraining her from alienating or encumbering the property further in any manner till the disposal of the partition suit that you propose to file now.
5. If you want to have a proper and legally valid solution to the problem that you are facing now, it is advisable that you approach court with a suit for partition and other ancillary reliefs, unless you will not be able to bring peace into your home, all these issues will keep developing without any solution forever.
Further questions:
1. you can decide about claiming your rights in all the properties or only in some of the particular properties, there is no compulsion on you about it.
2. Yes, in your written statement you can make a claim to your legitimate share in the said properties as a right.
“Recently we as defendants have obtained through RTI, certified copies of forged Sale deeds.” There is contradiction in your question. If the document is only notarized, certified copies cannot be obtained through rti.
1. Yes you can claim
2. Only If you are legal heir in that property
Dear client if the property is self acquired then it can be easily relinquished to any person by making a will. However if it is not done through a avail and it is also an incestral property than it needs to be equally divided among all the legal heir and it cannot be gifted to one full stop how ever there is a profession where in you can gift your and sister property to one person after getting a non objection certificate from all other legal heir
