Property Dispute as step son not signing relinquishment deed
I have a step son whose mother expired when he was 5. Now he is 30 years and married and i have two real daughters. My husband expired 2 years back leaving without a WILL. My step son and me had agreed to distribute the properties amongst themselves by signing on a stamp paper of Rs 100/- at that time as my youngest daughter was not 18 at that time. Now she has become 18 in March. But now my son is not willing to sign on Relinquishment Deed and wants to keep the things pending. Please let me know what action i can take against him as i am asking him since last 6 months but he is adamant.
You can file a suit for declaration and partition of the property of your husband. This will enable you to get one share in the property in your name and one each in the name of your daughters. Please tell whether the property is ancestral ?
Advocate Rakesh ChaurasiaGreater Kailash- I, Delhi
Madam, if your step son does not agree to abide by the terms of your settlement then you may file for partition which will in any case be advantageous for you and your daughters. The exact details will require a thorough discussion
Advocate Rajat JosephNizamuddin East, Delhi
Legally in such a situation your step son has a maximum share of 1/4th. You could file a suit for partition and have the properties sold through the process of the court in case he remains adamant and does not consent to divide/ distribute the properties.
Regarding the agreement on stamp of 100Rs , the language and nomenclature of the document will have to be seen along with whether it has been registered or not.
Advocate Vanshdeep DalmiaJor Bagh, Delhi
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