1. A plot of land was bought by my maternal grand mother from DLF. 2. She died in 1964 intestate 3. She had four children a. Vimal Behl - - - No issue b. Nirmal Malhotra - - - two sons c. Abhilash Chand Bhasin - - - son and daughter d. Vipin Chand Bhasin - - - One son 4. The Estate Duty Order of 22.02.66 mentions the property. 5. My maternal grand father died in 1974 intestate 6. My mother and her elder sister execute a RD and DLF transfers the plot to brother (c) who promptly sell it and pockets the proceeds. 7. The question of law - (a) Since the sons of Nirmal were majors, did she have a right to relinquish the inheritance to her brother. (b) Did not the DLF err in transferring the plot without the RD's of the sons of Nirmal.
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1) it was self acquired property of grand mother
2) on her demise each legal heir had one fourth share
3) Nirmal could execute relinquishment deed without consent of her sons
4) the consent of sons was not required
5) DLF was entitled to transfer of plot .
Hi, after the demise of your grand mother all the legal heirs has equal right over the property though your mother and your aunt has executed Release deed they have no right to claim the property but Nirmal Malhotra if she alive she has right to claim the share in the property after her death her children has right over the property.
My mother Nirmal Malhotra, who is alive does not remember signing the Relinquishment Deed !! and is willing to state on oath and give an affidavit of not having done so.
Hi, you have to verify in the Relinquishment deed that whether your mother has signed the document or not.
2. Relinquishment deed valid only if it registered before the Sub-Registrar.
1) please verify the records .
2) your mother statement on oath would not have any value if she has in fact executed the relinquishment deed .
3) relinquishment deed is required to be stamped and registered .
4) DLF would not have transferred flat in favour of your uncle had there been no RD on record
this is not inherent propery hence based on RD the DLF is rightly transfer the property.
there is no share of your mother or you now.
(a) Since the sons of Nirmal were majors, did she have a right to relinquish the inheritance to her brother.
Nirmal is the legal heir of the deceased mother and it was the self acquired property of the deceased so the children of Nirmal have no rights in the property hence their permission or consent was not necessary.
(b) Did not the DLF err in transferring the plot without the RD's of the sons of Nirmal.
No absolutely not.
My mother Nirmal Malhotra, who is alive does not remember signing the Relinquishment Deed !! and is willing to state on oath and give an affidavit of not having done so.
If she want to fight for the property, she can do it by filing a partition suit now, but only she is eligible for filing a suit however she may not be able to win the case since she had released her rights very long ago.
1. The sons of the daughter of your maternal grandmother did not have any share in the property during the lifetime of their mother. A share through succession would have accrued to them only if their mother died intestate. So she was not required to seek the consent of her children before relinquishing their share.
2. DLF did not commit any irregularity, much less illegality.
3. An affidavit would not repel the instrument of transfer which your mother executed with her free consent.
1. The sons of Nirmal has no right on her inherited property during her life time. It is her share of property with which she can do anything she wishes to do legally,
2. DLF has not erred in accepting the Relinquishment Deed of Normal in favour of his brothers and her sons have no role to play here.
1. Nirmal's telling that she does not remember that she had executed a RD will be of no use now since the RD has already been registered and based on which DLF has transferred her share on the property,
2. Any such exercise will be futile now.