Ancestral property
DEEPAK DHAMEJA
(Querist) 07 November 2013
This query is : Resolved
MY FATHER WAS DIED IN 1995.
HE LEAVED SOME PROPERTY IN HIS NAME.
HE IS HAVING 4 LEGAL HIER ( 2 DAUGHTER, 1 SON, AND WIFE)
NOW MY ONE OF SISTER IS EXPIRED. SHE WAS UNMARRIED. ONE MY SISTER GIVING NOC TO MY MOTHER FOR TRASNFER THE PROPERTY IN HER NAME.
MY MOTHER WANT TO TRANSFER THE PROPERTY TO ME BY WILL.
SO WHAT IS THE PROCESS FOR THE SAME ?
ajay sethi
(Expert) 07 November 2013
ask sister to execute deed of relinquishment in favour of mother .
then mother can execute will in your favour . get it drafted by a lawyer .
Rajendra K Goyal
(Expert) 08 November 2013
Well advised by the expert, nothing more to add.
Raj Kumar Makkad
(Expert) 08 November 2013
As the property is not ancestral rather is personal properties in your hand so your sister can only make gift in favour of your mother instead of relinquishment deed.
Anirudh
(Expert) 08 November 2013
There is no requirement that to give a Relinquishment Deed the property should be 'Ancestral'.
Therefore, your sister can give a Registered relinquishment Deed.
But you have to note the following legal position.
When your father expired, all the four of you i.e. your mother, you and your two sisters being legal heirs are entitled to inherit the property in EQUAL share i.e. 1/4th share each. Since one of your unmarried sister had died, then only three of you are left as legal heirs and as such the property has to be shared equally at 1/3rd share.
In other words, now you already have a legal right to 1/3rd share. Your mother also has legal right to 1/3rd share.
Your sister has to simply relinquish her share. She need not specifically state as to in whose favour she is relinquishing. If that is done, then only two of you would be left i.e. you and your mother. In which case, each of you have 1/2th share legally. Then if your mother has to give the property in your favour by way of WILL, then she has to say that I am 50% owner of the property in question and I hereby bequeath my 50% share in the property in favour of my son .....
That's all.
Please take the help of a lawyer, as suggested by Mr. Ajay Sethi, so that you can get a neat job done.
