Vikas (Sr. Manager - Finance) 21 February 2012

Relinquishment deed procedure

Dear All, My deceased father-in-law is survived by his 4 daughers and one son besides my mother in law. He had an ancestral property which is being used by my monther in law and her son for residence. Now my mother-in- law wants all her daughters to execute a relinquishment deed in favor of her son (my brother in law ) as she fears that post her death her daughter may claim share in the ancestral property. (which one of the sister is not willing to do) Pls. help on following: 1) Can any daughter claim share till mother is alive? 2) If mother-in-law creates will in favor of her son, can any daughter claim share? 3) How should we go about relinquishment since my mother in law is the first legal hier? What if she also agrees to relinquish in favor of her son along with daughter? what would be the proceduer for the same?

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 21 February 2012

There is nothing such as first legal heir or second legal heir. All the heirs are equally entitled to the property in equal shares. The daughters can claim even when their mother is alive. If they want to relinquish their share each daughter can relinquish her 1/6th share from the property. A release deed/relinquish deed is to be prepared and get it registered with the sub-registrar.

kumar101 (clerk) 21 February 2012

Can somebody post the sampel format and the cost one needs to pay for registering it.

thx.

adv. rajeev ( rajoo ) (practicing advocate) 21 February 2012

All legal heirs of deceased FIL are entittle for the equal share. Legal heirs means. wife, son and daughters. Daughters now also can claim their share. Mother is entittle to execute the will in favour of anybody to the extent of her share only, entire property she cannot give to any body thru., will.

If daughters are ready to execute the rights relinquish deed, it is mandaytory to register it.

Balaji (lawyer) 08 July 2013

Hello All ,

My Father is died before 2 year ago, and my mother and 4 sisters ready to transfer house to my name!. Can you please tell me that what is the best legally way to transfer the property.

i mean what is best

1) can i go to court and get ownership order from court after comprimise or

2) register it through sub registrator