Women share in immovable property
Arjun Jaganathan
(Querist) 20 December 2011
This query is : Resolved
My client's father died intestate. My client has 3 brothers and 2 sisters. My client wants a property belonging to his father to be registered in his name.
1. Should he get a release deed only from the 3 brothers or even from the sisters.
2. I came to know that a women has got a share in property if she has got married after the yr 1990. (In my case the sisters got married before 1990)
3. Is is enough if he gets a no objection certificate.
R.Ramachandran
(Expert) 20 December 2011
Dear Mr. Arjun,
If the property in question is the self-acquired property of the father of your client, then the same will go by way of inheritance amongst all the eligible legal heirs equally. The eligible legal heirs are the widow of the deceased, all sons and daughters, and mother of the deceased.
A mere NO OBJECTION CERTIFICATE from the legal heir is not enough. There should be proper REGISTERED RELINQUISHMENT DEED from those who want to release their share in favour of any other legal heir.
In the personal (self-earned) property of the father / mother, the daughters will get a share irrespective of whether they are married or unmarried.
Such questions regarding marriage of the daughters will arise only in the case of "ancestral property" and not otherwise.
Arjun Jaganathan
(Querist) 20 December 2011
Mr. Ramachandran, thank you very much for the advice, I just have one more query..
One of the sister in the above case has expired and the husband of her has got remarried. Do i need to got signature from their children (minor) as well as the husband..
R.Ramachandran
(Expert) 20 December 2011
Not from her husband who has remarried. But from the children born to her.