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Ancestral property division not done can deceased's heirs claim share?


02-Aug-2023 (In Family Law)
Division of inherited property not settled amongst brothers and sisters. Can children of the deceased sister claim the right to her share of property even though she had forefeited her share in writing while alive ?
Answers (2)

Answer #1
625 votes
Dear,

If the deceased sister has forfeited her share in the ancestral property through relinquishment deed and the said deed is registered, the children of the deceased sister cannot claim the deceased sister's share. Feel free to contact me for any clarification.
Answer #2
909 votes
Hi
In the absence of any registered partition deed or settlement deed, any other form of relinquishment is invalid in eyes of law.
So if the sister had forfeited her claim in writing and the same is not registered, then the forfeiture will be treated invalid as it has not been registered.
The children of deceased have a right to claim a share of property.

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