relinquish/release and family partition deed
Querist :
Anonymous
(Querist) 24 April 2010
This query is : Resolved
Family settlement and partition query
Details:
Father deceased in 2008
Mother ----alive
1st son--- deceased in 1993 (survived by wife and child now major)
2nd son---------alive
Assets
Father name-Immovable asset self acquired by father
Mother name--Immovable asset self acquired by mother
1st and 2nd sons--Immovable asset self acquired jointly
Facts
After death of 1st son there was diff of opinion between wife of 1st son and others hence a family settlement agreement between them reduced to the fact that wife will relinquish her share and the child share as guardian against consideration and the grand parents for welfare of child will keep some money in deposits out of love for welfare of child. And further it was agreed upon that they both would not enforce any right claim over the assets of the assets of father and mother now and also after their solemn demise. (They both are since staying with their parents)
Taking advantage of technical they (wife and she on behalf of child) did not relinquish their share and did not honor the settlement saying that it was invalid and rather went to court for her share under guidance from her family.
Now the matter has been settled amicable through well wishers against lump sum consideration.
ENQUIRY
1--Please advise what document has to be drawn by me 2nd son to avoid further dispute in future and the wife of the 1st son and her major child do not stake any claim on the assets of the parents currently existing in their name.
Will one registered document named --relinquish /release deed and family settlement partition.-- solve the purpose. Stating direct requishment of their shares inherited by the wife and child from the deceased 1st son from the self acquired joint asset of both brothers AND stake no claim in the assets of the father which they inherit after the deceased 1st son as per wish of the father (as stated by the father in a registered will were the 2nd son will be the sole inheritor of all asset) and also stake no claim in the assets of the mother now and also after her solemn demise. All this for a consideration also being given to them now.
2—Will this registered document be legally valid to get the records mutated directly in my name after the solemn demise of mother for the assets in her name or can they still create legal trouble if they even 1% desire in future after signing this deed ?
Please advise clearly the document to be drawn.
n.k.sarin
(Expert) 24 April 2010
Mr. anonymous,registered document--relinquish deed/release deed /family settlement/partition deed all are valid document,but can be challenge at any time due to any reason.To avoid future dispute after registration of said deed create a minor dispute and file a suit in the court making all the members as a party in the suit and then file a compromise and get a compromise decree from the court on behalf of said deed.
