Right relinquish and will clarification
venkatesh
(Querist) 30 November 2012
This query is : Resolved
Dear Legal Experts,
I need one clarification.
My ancestor’s property transferred to my mother name after father death. We are three children’s (1 son i.e. me, 2 daughters) to my parents. My sisters all got married and well settled.
One year ago my sisters executed right relinquish deed in favor of mother. Still all property is in mother name. Now me and my mother have equal share in entire property (correct me incase if I’m wrong).I would like to become sole legal heir for the entire property?
I have couple of questions in order to transfer entire property rights to my name before mother’s death.
1) How do I become sole legal heir for the entire property?
2) Mother can relinquish her rights and transfer entire property rights to me?
3) What law says about multiple wills? If my mother makes a 2 wills in first and second quarter of year, which one will be legally considered?
4) If my mother disposes all in my favor, what are all the possible ways to do it?
5) If my mother first makes a will in favor of my sisters and then leaves a gift deed in favor of me. Is Gift deed is only considered in order for me to become sole legal heir for entire property?
Please give your valuable suggestion.
Thanks in Advance
ajay sethi
(Expert) 30 November 2012
it is advisable for your mother to execute will in your favour . if your mother has made 2 wills then the last will revokes earlier wills .
in tha alternative she can execute gift deed in your favour . have the gift deed duly stamped and regd
Devajyoti Barman
(Expert) 30 November 2012
First of all you are not half share holder. You are one third share holder whereas your mother /3rd share.
1. Make a gift deed in your favour.
2.Yes
3. The last Will if the same is validly executed.
4.Refer 1 or 2.
5. The gift would be valid but your sister may challenge it being made under undue influence or force.
prabhakar singh
(Expert) 30 November 2012
ON YOUR FATHER'DEATH THE PROPERTY DEVOLVED ON YOUR MOTHER,ON YOU AND ON YOUR TWO SISTERS EQUALLY 1/4 TH EACH. WHERE AFTER THE SISTERS
RELINQUISHED THEIR SHARE IN YOUR MOTHER'S FAVOR,HENCE AS OF NOW YOUR MOTHER OWNS 3/4 TH WHILE YOU OWN ONLY 1/4 TH.
TO LET YOU BECOME ABSOLUTE OF WHOLE YOUR MOTHER CAN EXECUTE A GIFT DEED OR A QUIT DEED (RELINQUISHMENT DEED)IN YOUR FAVOR.
Raj Kumar Makkad
(Expert) 30 November 2012
You are owner to the extent of 1/4th share in the entire estate left by your father as on day if both of your sisters have relinquished their shares in favour of your mother. You can become owner of the whole property during the life time of your mother only if she relinquishes her entire share (3/4 as on day) in your favour like your sister relinquished in favour of your mother or through a gift deed. If this is done, no further question arises.
As opined above, last will shall prevail but there are many ifs and buts connected with the wills so better not to depend upon it.
venkatesh
(Querist) 01 December 2012
Thanks a lot for all of your valuable suggestions.
My special thanks goes to Devajyoti berman for systematic answers.
Thanks Again
