Hakka Sod requirement
Querist :
Anonymous
(Querist) 02 November 2015
This query is : Resolved
My Grandfather passed away last year. We were informed that as per the law ( in the absence of a will) each living heir ( My grandmother, My Dad and my two bua's) will get an equal share in the property. Basis their discussion, the Bua's have agreed to relinquish their rights over my grandmother's share (she is alive and in good health) such that my Dad has rights to 50% of the property (immovable and movable). My question is : Is it legal for my dad to create a hakkasod document so as to protect his share (he is the only one to have taken care of my grandparents) If yes how do we go about doing the same? My second question is : Can the property be sold in the current state of affairs?
Querist :
Anonymous
(Querist) 02 November 2015
Any help will be appreciated.
Anirudh
(Expert) 02 November 2015
You are right - upon expiry of your grand father without leaving any WILL, the property left behind by him will be shared equally between your grandmother, your dad and your two buas.
It is not for your father to CREATE any Hakka Sod Patra. It is your buas who have to create, execute and get it Registered in the office of the Sub-Registrar.
Unless your buas execute and REGISTER the relinquishment Deed (Hakka Sod Patra), simply their agreeing to relinquish their rights will be of no use.
If your both buas execute a Registered Relinquishment Deed in favour of your grand mother, then in that case, your grand mother will have 3/4 share and your father will continue to have 1/4th share. (This is because the 1/4th share each of your buas have gone in favour of your grandmother because of the Hakka Sod Patra given by them in favour of grandmother, and your father's share remained the same as before i.e. 1/4th).
The property can be sold in the current state of affairs. For that all the four - i.e. your grand mother, your two buas and your Dad have to execute and Register the Sale Deed in favour of the purchaser. All the four vendors will share the sale proceeds equally.
R.K Nanda
(Expert) 03 November 2015
no reply 2aq.
