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Father made me relinquish ancestral property share under duress
16-Jul-2023 (In Property Law)
I am a woman of 35 married for 10 years.
My father made me sign documents to relinquish my ancestral property share in favor of my brother about 6 years ago under duress when I was visiting them. I was scared of them and also undergoing a troubled marriage at that time and kept quiet.
Can I still claim what is mine in my ancestral property. My father is alive but in frail health
Hello, I have perused your query.
In these circumstances you have an option of filing a declaration suit for cancellation of the said document relenquishing your right in the ancestral property on the grounds of forgery or criminal intimidation.
Thereafter, you have an option of filing a partition suit in a civil court of law seeking the relief of crystallization of your share in the said ancestral property and it's respective possession as per the Hindu Law of Succession.
It is important here to put that if your father is still alive and the property is ancestral in nature then your right in it accrues since the time of your birth.
For any further query feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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hello mam as i can see your issue is really a complicated issue but in this matter yes offcourse you can claim tht property which is been ancestral in nature and is been given to your brother by the way of RD in this matter you need to go through court in a civil suit.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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yes. why not! if you were under active confidence and with undue influence you had no option but to sign a relinquishment deed then that very deed can be cancelled through court. when that is cancelled your share is not relinquished and hence, you can claim it.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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