My grand father had four sons, namely a,b,c,d. Elder son named a was irresponsible and wayward . so my grand father got a registered release deed from elder son a by paying money. Release deed was registered in 1971 and elder son a gave away all his rights over ancestral and self acquired properties . my grand father divided all his ancestral and self acquired property equally with sons b ,c, and d . with a registeted will he passed away 25 years back and elder son passed away in 1997. Now daughters of elder son a have gone to court for share in ancestral property. And one more thing in the registered will there was mention of properties totally but not individual properties was not mentioned separately.please I need legal opinion about this case
Asked 2 years ago in Civil Law from bangalore, Karnataka
1) once relinquishment deed has been executed duly stamped and regd elder son ceased to have any share in the properties
2) as per recent SC judgement daughters cannot claim any share in ancestral properties if father died before 2005
3) it is necessary to peruse will and release deed to advice further
1. Did the Release Deed executed by elder son in 1971 had specific details of each and every property, including Sy.No./Site No.area, boundaries etc., irrespective of whether it was ancestral or self acquired?.
2.In case the Release Deed was not very specific about the properties and more of a general narration without containing details of Sy.No./Site No. etc., then the wife & children of deceased elder son will have a good chance to stake a claim on the property.
3. As per your narration, even the WILL executed by your grand father is not specific about each and every property and was general in nature giving room for wife & children of deceased elder son to stake claim on the properties.
First of all this is not an ancestral property for the the children of the irresponsible son.
They will not succeed in the partition suit.
You do not bother about the nature of property, see what is written in the will and how the property is meant to be distributed
Nothing to worry as since elder brother has already relinquished his share in the property his daughter caa not claim his share anymore.
Moreover since her father dies before 2005 his daughter can not claim share in the ancestral property anymore.
1. The release deed executed by the elder son binds his legal heirs unless the latter can prove that the deed was executed by him under duress employed by his father.
2. The property of grandfather will devolve according to the will made by him. The mere challenge to release deed will not suffice to impeach the will made by your grandfather. The will also has to be challenged.
3. A will need not have a mention of specific properties of the testator. There can be a general reference to all his properties.
Hi, once the release deed was executed by the father then legal heirs have no right to claim the share in the property.
2, Now as per latest Supreme Court judgement daughters have no right to claim share in the ancestral property when father died before 2005.