daughters rights to claims on ownership of the property
9 months ago
I am interested in a site in bangalore which is getting auctioned by bank for defaulting the loan. This site is pledged for a loan in 2019 and loan defaulter Mallesh(previous owner - Lingayat coomunity) has got it from his father. Its their ancestral proprety which got divided and Mallesh got this site as his share. Mallesh's father also got this from his father as his share. Mallesh has an elder brother and Sister. Mallesh's father and brother have given a release deed saying they are giving this site to his brother in 2016. His sister has also given a seperate release deed in 2012 itself saying she doesn't have rights on any of their father's property and in return she has taken some money and her share. However, in the list of properties which are mentioned in the Mallesh's sister's release deed, my site is missing. . Hence, my query is in future is there a chance for Mallesh's sister to claim the ownership of my property? I will attach both the release deeds for reference, please let me know if you need more details
When an ancestral property is divided among the surviving coparceners/legal heirs equally and the individual share is released by the concerned legal heirs in favour of other legal heirs with a declaration that he or she bequeathed his right and titles of share of the ancestral property by a registered deed of release or gift, he or she cannot revoke his or her right back in respect of property belongs to his father. So in case your site is missing by default in the released deed executed by the sister of Mallesh, then her right is not extinguished in respect of said piece of property and claim the share of that property as a matter of right; So when the matter involves complexity, you need to take an opinion from an expert professional before taking any final decision to acquire the property through auction.
Anonymous
Replied 9 months ago
Thank you sir, I am getting it checked through lawyer.
You have to check all the documents through a Property Lawyer since it is a litigated property and if it is private Bank they might have relaxed so many documents might have sanctioned the loan. Family tree may also be obtained.
From the information you've provided, it seems that Mallesh's sister has signed a release deed in 2012 stating that she does not have any rights to their father's property. However, it is crucial to carefully review the contents of the release deed and any other relevant documents. If your site is not specifically mentioned in the release deed, it may be necessary to understand the intention and scope of the release deed to determine its effect on the ownership of the property.
To assess the risk of Mallesh's sister potentially claiming ownership of your property in the future, consider the following:
Review the Release Deed: Carefully examine the release deed signed by Mallesh's sister in 2012. Pay attention to the language used, the properties listed (if any), and the intention behind the release deed. This can help determine whether your property was intentionally excluded or inadvertently omitted.
Legal Advice: Consult with a property lawyer who is familiar with Bangalore property laws. They can review the release deed, the property documents, and the specific circumstances surrounding the case. They will be able to provide you with a more accurate assessment of the situation and advise you on the potential risks involved.
Title Search: Conduct a thorough title search on the property to gather information about previous ownership, transactions, and any existing encumbrances or claims. This can help uncover any potential issues that may affect the property's ownership.
Indemnity Clauses: If you decide to proceed with the purchase, consider including indemnity clauses in the sale agreement to protect yourself from any future claims on the property by Mallesh's sister or other parties.
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