Relinqueshment

vinay khanna (Querist) 02 October 2012 This query is : Resolved
My mother expired in 2007 and made a valid will of her share in one house.Can my sister make a relinqueshment in my favour stating that the will is valid and I am making a relinquesment deed in favour of my brother so that my he may use it whereever required as probate may take time.Can a relinqueshment deed be made in favour of a particular cosharer and if it is to operate in favour of a particular party will it amounts to a transfer and must be effected either by Sale Deed or by a Gift Deed, depending entirely on whether there was any consideration for such a transfer.The house property is in New Delhi.Kindly comment with citations. I request for citations

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prabhakar singh (Expert) 02 October 2012
If your mother made a will in your favor then your sister s required only to admit genuineness of that will by an affidavit notarized.

No relinquishment deed is required.

Probate would be rquired only if the will is made in presidency town for properties situated in that jurisdiction.There you can not avoid,delay or no delay.

ajay sethi (Expert) 02 October 2012
what is the value of property? if it runs into cores dont take a chance . get will probated . although probate is not compulsory in many cases it is found that other siblings have a change of heart and demand a share .

spend some money on legal fees and get probate done in your favour if you are the sole beneficary in the will .probate dosent take time maximum one year if will is not contested

prabhakar singh (Expert) 02 October 2012
I repeat unless it is a presidency no probate required and no relinquishment required either.
Get an admission of correctness of will by your sister done may be by registered deed if notary not opted.