Madurai | 14 Aug, 2021 (1 year, 9 months ago)

Property Law

Release deed issue

It is a ancestral (common property) .,Mother and Father not alive (undivided property) .There are 3 brothers , all sisters want to give release deed to youngest brother , Should other 2 brothers need to come for witness signature? Or anyone can put witness sign? And we have certified copy of house registered document bought recently (Elder brother not giving original house document. ). We also have latest Tax paid certificate(which is in elder brother name), we have Original family tree. Is these documents enough for release deed? After getting release deed from sisters, Is there a chance for elder brother to file case against younger brother for getting release deed from sisters? Kindly give your suggestion. But all sisters willingly giving their share to younger brother.
Answers
14 Aug, 2021 | 14:26

Since it is an ancestral property, every member is equally liable for each share. You sisters can only give that share of the property which comes to them as per inheritance. In simple language, sisters cannot say that they are giving full property to younger brother, it is just their (sisters') part of share they are giving. and yes, elder brother can file case claiming his share out of that property. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


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