Harassing senior citizens Harassing senior citizens

1 month ago

My father and my late uncle's family own a combined property (which is the only property we have and we have run out of all other funds to take care of the elderly people) and my late uncle's widow daughter in law (who holds 12.5 percent share in the property after her husband's demise) is purposely not agreeing to sell the property (She wants another self acquired property of my late uncle's for herself and until given that, she won't agree for the sale of this above said combined property). What legal action can we take against her for not letting 3 above 70 people live a dignified life? How long will the partition suit take consideration senior citizens are involved and they need finances immediately?

Anik

Responded 1 month ago

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A.Dear Client,

A relinquishment deed is a legal document used to transfer ownership of a property from one person to another. It is commonly employed when a co-owner or legal heir wishes to surrender their share of the property to another co-owner or legal heir. This deed may be executed with or without consideration.

The act of giving up one's rights and claims in a part of a property is referred to as relinquishing rights. Compensation for relinquishing rights can take various forms, including cash, goods, or a family arrangement. The "Deed of Relinquishment" is a crucial document that must be signed by all parties involved, witnessed by two witnesses, and registered to give up ownership of immovable property in favor of a co-owner.

If your late uncle's daughter-in-law agrees to your proposal, you can proceed with the execution of a Deed of Relinquishment. It is essential to have the deed drafted by an experienced professional to avoid potential future consequences.

Additionally, as a co-owner of the undivided property, you have the option to file a civil suit for the partition of the undivided property before a competent court. This suit seeks a decree of partition to obtain an individual share in the property, allowing you to dispose of your share independently.

The duration for a court to pass orders on a partition suit varies and depends on factors such as the complexity of the case and the number of parties involved. There is no fixed timeline, and the time taken can be influenced by various procedural aspects and the specifics of the case. Consulting with a legal professional will help you navigate the process more effectively and understand the specific timelines involved in your situation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. The act of giving up one’s rights and claims in a part of a property in favour of another is referred to as relinquishing rights. A right cannot be given up without compensation; this compensation may take the shape of cash, a trade in goods, or a family arrangement. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. If your late uncle's daughter-in-law agreed with your proposal, you can go ahead with the execution of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences. Apart from this, being the co-owner of the undivided property can file a civil suit for partition of the undivided property before a competent Court seeking a decree of partition to obtain an individual share in the property to dispose of their share. There is no fixed time as to how long it will take for a court to pass orders on a partition suit. The time taken will vary depending on a number of factors, including the complexity of the case, the number of parties involved, etc.
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Vidhi Samaadhaan Vidhi Samaadhaan

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