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How can we claim share in ancestral property
06-Jun-2023 (In Property Law)
Sir my father had executed a release deed without any condideration in favour of his brother regarding a ancestral property in the year 2003 and we are 3 sons and 1 daughter of our father and he release the property without our concern to his brother but we have signed the release deed as witnesses as we don't know that our father is giving the whole property we thought that he was giving his own share only. Now my father died in the year 2012 and property was acquired by the government for some project , so now can we claim our share in the property and do my sister have share in it?
What exactly does the release deed say? He can only release his share of the property. However, if you are witnesses, this becomes a problem because if you do go to court then then court is going to ask you why you signed the deed without reading it. You need to file a suit to set aside the release deed and ascertain your share of the property, then claim your share from the government.
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Adv. Angad Mehta
Delhi | 100+ Answers
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Dear Sir,
A release deed can be executed without consideration. However, the said deed may be challenged on the ground that your father had no power to release the said property. This is so because he held the same as a co - parcener, and hence his three sons and daughter would have a share therein. Your signature thereto as a witness may/may not establish consent.
I would be able to substantiate further upon reading the release deed. Whether the acquired property can be claimed depends upon the legality of acquisition by the Government.
Anuj P. Agarwala
A release deed can be executed without consideration. However, the said deed may be challenged on the ground that your father had no power to release the said property. This is so because he held the same as a co - parcener, and hence his three sons and daughter would have a share therein. Your signature thereto as a witness may/may not establish consent.
I would be able to substantiate further upon reading the release deed. Whether the acquired property can be claimed depends upon the legality of acquisition by the Government.
Anuj P. Agarwala
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You can file a recover suit against the your uncle because you have signed the said deed as a witnesses, whereas you have to be established that you all weren't aware the intention of the documents and it cause or the signature were obtained by giving assurance that you will be giving your share at the time of granting award or compensation. You please also obtain a social documents in which he acknowledge liability towards your share if possible
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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