My Grandfather (who is no more now) has inherited 12 acres of land from his father. My Grand father has 3 sons. My father is his second son. First son and third son are expired now. The elder son died long back. My father was a government employee, and he gave in writing that he will not claim his share in the land which his father has got from his father .My Uncle was unemployed and for his family welfare my father took this decision. Now my uncle's sons do business and become rich. They never respected my parents, and my parents also do not wanted to ask them anything when they are not interested My question is being a grandson can i claim my share in my grandfather land even though my father has given in writing he do now wish to claim his share
The unregistered relinquishment deed executed by your father at that time is not legally valid nor maintainable, hence your father can file a suit for partition and demand his legitimate share in the property with separate possession.
You cannot ask for any share in your grandfather's property as a right at least not during the lifetime of your father.
If your father has not executed a registered Release/Relinquishment Deed in favour of your uncle, then you can claim your share in your grandfather's land, even though your father has given in writing that he will not claim.
Did your father execute registered relinquishment deed for his share of property
if not your father can file suit for partition to claim his share
During your father lifetime you have no share in said land
Share in property can not be relinquished by mere writing.
It has to be done by a registered deed of transfer.
So if your father has not done so then you can still caim your sahre in the said property by filing a suit for partition and injunction.
As you say your grandfather inherited the property from his father, it is not ancestral in nature. It is your grandfather's absolute and exclusive asset which he can deal with in any manner he likes. You do not have any claim legally.
Such writing does not effect your inheritance right. You can file partition suit to claim your and your father share in the land.
Dear Client,
Yes, you can claim your share in your grandfather's ancestral property. Your father’s relinquishment affects only his share and does not bar you from claiming your rightful inheritance. If you wish to pursue your share, you can file a partition suit in the civil court to seek division of the property and claim your share. It's important to consult a lawyer specializing in property law to guide you through the process of filing a partition suit.
