Advice required for property matter

653 votes

You can show the relinquishment deed signed by the elder daughter against first flat to inform that she has already relinquished her right. Now, she can not claim her share in that property. The deed is valid and can withstand the court proceeding.

Advocate Aditya Kumar LawRato

878 votes

To avoid future disputes, we first need to examine the title documents of both flats, particularly the first flat, which was purchased by your father-in-law’s father and for which no Will was executed. The fact that the property was purchased by your father-in-law’s father does not, by itself, conclusively determine whether your father-in-law has full ownership or whether other legal heirs have rights in it. The manner in which the property devolved after the original owner’s death and the applicable succession law must be examined. We would also need to review the affidavit executed by the elder daughter on ₹10 stamp paper. Its legal effect will depend on its wording, the circumstances in which it was executed, and whether any legally required registered instrument was necessary. An affidavit alone may not be sufficient to relinquish rights in immovable property. Please share the title documents of the first flat, the death certificate of the original owner, details of his legal heirs, and a copy of the affidavit. We can then assess whether your father-in-law can validly bequeath the flat to your wife and what legal steps may help minimise the risk of future litigation. Regards, Himanshu Sharma Advocate VIGILANT LEGUM LAW FIRM Delhi

Advocate Himanshu Sharma LawRato

846 votes

Hi there, firstly challenge the affidavit transferring the second flat to the elder daughter. As the property belonged in the deceased mother's name the same had to be decided between all the legal heirs equally and cannot be given to any One of those based on affidavit. As to grand father's flat it will also be distributed among all the legal heirs equally. It's important that the contents of the affidavit be analysed to determine proper strategy to address the issue. Therefore, it's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato