Advocate Rakshith Jois Y P

Questions Answered by Advocate Rakshith Jois Y P

Q: How to claim the share in my grandfather's property

Respected Sir, As i noticed above, my grandfather wants to give share in his self earned property. But my mother's 3 brothers are are not in favour of us.They all are well settled. We are poor and we cant fight with them. My grandfather is aged now, and he cant face his sons and he fears to talk with them. He is willing to give us, but he cant.we have filed property share in the court. It is of 24 acrs of land. and they have sold 1acr in it. when they needed my mother's signature for the registration, they told us that they will give equal share after the registration. But after the registration they cheated us and telling we wont give u a inch of land. Plz guide us that how can we turn this case in our favour.

Advocate Rakshith Jois Y P answered
In case of a self acquired property belonging to your grandfather, if he chooses to give you a portion or any part thereof during his lifetime, he can execute a gift deed in your favour. Nobody else will have any right over the same. He can also bequeath the property in your favour which will come into force only after his death.

Q: Clarification on relinquishment deed

Can i legally separate my father from his siblings against his own wish . I want them to get separate because they create a lot of problems n that leads to my parents fighting violently with each other n this is going on from past 20yrs since my birth n this has disturbed me alot n sometimes i feel like to commit suicide n lot of mental agony .. i want my dad to sign relinquishment deed n get separated

Advocate Rakshith Jois Y P answered
For your father to get separated from his siblings, a partition should be effected amongst themselves. If your father executes relinquishment deed in favor of his siblings, he will lose his right over the properties regarding which such deed is executed.