Hi, my father passed away 2017 and had no will. Me and my brother relinquished our share to transfer everything to my mother's name. I was a part of our family business but everything including business was in my mother's name. I got married 2 years back. After that my brother broke ties with me, took away the business. Since I have no name anywhere, I am not able to claim anything. I worked in the business for 10 years. All properties are possessed by my brother. I need to understand my rights as I am financially sidelined by my family completely.
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Once you have executed registered relinquishment deed you have no share in the property
2) as fare as business in mother name on your mother demise intestate you would have equal share in said business
3) during her lifetime you have no share in said business
- As per law after the death of your father intestate , his property would be devolved upon all the legal heirs equally i.e. your mother , brother and you , if no other legal heirs are there.
- Further, as you both have released their respective share after executing a registered Relinquishment deed, then your mother become the single owner of the property and assets
- Further, if the business came to your mother after the death of your father and you both have released the right , then your brother cannot take the business etc. without the consent of your mother.
- However, being the single owner , your mother can transfer the property or assets to your brother and your consent is not needed.
- But , you must read the clauses of release deed for any condition .
If you have relinquished your rights by an unregistered deed then it is not legally valid, hence you can very well claim your share in the properties left behind by your deceased father by first issuing a legal notice, followed by a suit for partition
Any joint family business of joint family property need not be in the name of all share holders. Usually it is in the name of father or mother of grandfather or grandmother it does not mean that the other family members cannot claim share therein. You will have our share. Issue lawyer’s notice to brother and mother seeking partition and separate possession of property. After that file a suit in district Court for partition and separate possession. You will get your share.
As you have relinquished your share in mother then how can you claim share now. If that's a registered relinquishment deed you can't claim the same now. Only you can claim property other than that which is relinquished by you.
See here you have proactively transfer your title rights on your mother's name by via of relinquish deed.
So how your brother took whole control in business and house from your mother unless and until she gave rights to him.
If all rights still belongs to your mother then ask your mother to make partition and register the same including the business or you can start same business by different name and you have 10 years experience for the same.
You can challenge the relinquishment deed in the court of law having competent jurisdiction if the same was obtained by way of fraud, coercion, misrepresentation etc.
How was this relinquishment done, by means of a relinquishment deed/gift deed? If yes, you’ve a very weak case against your mother and brother. However, if this relinquishment was by means of an informal NOC on stamp paper, you’ve a good case. Shed more details on mode of relinquishment
Dear Querist
As per your information, you relinquished your share in favour of your mother, hence, now you have no right in the property or business but you may challenge that relinquished deed by filing a civil suit against them before civil court and if the court declare that the relinquished deed is void based on misrepresetation, fraud corcion or pressure, you can get your share in the property and business too.
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Dear Ma'am,
1. According to the Hindu Succession (Amendment) Act 2005, daughters have the same right as sons to their father's self-acquired property if he dies intestate, that is, without a will. The property will be divided equally among all legal heirs. Thus married woman's right to their father's property is similar to that of a son.
2. You can claim your share in your Father's property.
3. You can also file a suit for partition in the civil court, claiming your share.
Thank You.
If you relinquished your share by executing and registering by paying stamp duty and registration charges, then, you have no right, interest in the property as long as your mother is alive.
With regard to business, since it is in your mother's name, you may request her to pay you salary / honorarium towards your services.
During your mother's life time, get the properties divided among both of you by talking to your mother.
