Relinquishment of life interest
Querist :
Anonymous
(Querist) 24 November 2010
This query is : Resolved
My fathe thru an unregistered will left his immovable property to my mother and upon her demise the property would go to us two brothers. At present we wish to sell the property but are unable to do so since my mother has onle a life interest in the property. Is it possible that my mother releases her life interest in our (we brothers) favour and then we sell the property
Khaleel Ahmed Mohammed
(Expert) 24 November 2010
If the will is unregitered.
Ignore the will,you three can sell the property with mutual understanding.
Querist :
Anonymous
(Querist) 24 November 2010
But we have already submitted the will to the local authorities for mutation in my mother name
R.Ramachandran
(Expert) 25 November 2010
The main purpose of your father leaving the will in your mother's name is to ensure protection to her during her life time. Thank God,the will though unregistered has been submitted to the authorities and the mutation has taken place in her name. People should know how to respect and honour a WILL. While the law is considerate in not insisting for registration of a WILL, it is a pity that one should try to take undue advantage of such a benevolent provision.
Querist :
Anonymous
(Querist) 25 November 2010
I think you are you have understood the reason for relinquishment wrongly. Actually the building has been sealed by courts for misuse. Now we all the three have decided that we get the same desealed and sell it and buy another property. Now we have been advised that my mother can't sell (even though the property has not yet been mutated in her name) since she only has life interest. Is it possible that we brothers relinquish our share to her and she can then sell the property.
R.Ramachandran
(Expert) 25 November 2010
The point is very simple. Currently you brothers do not have any interest or share in the property. As such, the question of your relinquishing any of your share in favour of your mother does not arise.
The property is already in favour of your mother till her life time. In terms of the Will of your father, she cannot sell the same during her life time. You say that you have already submitted the WILL to the authorities. Thus having known that there exists a will in favour of your mother, which only creates a life interest in her favour, you will not be able to sell the same presently. Yes, if you people so desire, you can apply to the authorities concerned for desealing the property by giving necessary undertakings that the property would not be put to any misuse again.
Kirti Kar Tripathi
(Expert) 25 November 2010
My dear expert after amendment in Hindu Succession Act, a hindu lady having life interest in property became absolute owner of said property any such condition is void and unenforceable under the law.
Kirti Kar Tripathi
(Expert) 25 November 2010
My dear expert after amendment in Hindu Succession Act, a hindu lady having life interest in property became absolute owner of said property any such condition is void and unenforceable under the law.
Querist :
Anonymous
(Querist) 25 November 2010
Are you trying to say that my mother is absolute owner and is competent to sell the property. If so, kindly let me know the relevant sections of Hindu Succession Act.
R.Ramachandran
(Expert) 25 November 2010
Dear Mr. Kirti,
I think you rely upon Section 14 of the HSA 1956 for your above views.
But Section 14(2) makes it very clear that nothing contained in Sec. 14(1) shall apply to any property acquiredby way of gift or under a will... where theerms of the gift / will prescribe a restricted estate in such property.
Since in the instant case, the WILL prescribe a restricted estate till the life time of the wife, the property cannot be said to be the absolute property of the lady in question.
