Inheritence
Arti Rawat
(Querist) 30 October 2013
This query is : Resolved
Dear Sir/Mam,
My query is that, there is a property whose owner is no more and the property has to be transffered to his wife's name (because there is no "will" for the property). There are four children of that owner three sons (named A,B &C) and one daughter (named D). In order to transfer the property in mother's & the elder son's name i.e. "A". For this son "B" and the daughter "D" had already signed the agreement giving their share with NOC to mother & elder son A. Son "C" is a non cooperative member of the family and has not giving his consent, neither denying it and he always try to start a fight over a small issue. The above agreement is done with all legal formailities leaving the share of Son "C".
Q. 1. Can you tell me is the agreement (validly executed on stamp paper Rs. 500) valid? or
Q. 2. Can son "C" any time prove it invalid in future?
ajay sethi
(Expert) 30 October 2013
is it a deed of relinquishment duly stamped and registered . without going through contents of document how can we advise whether agreement is valid or not
Raj Kumar Makkad
(Expert) 30 October 2013
Such agreement which denies the right of C is invalid to the extent of his share but if other members do make agreement qua their respective share, then the same is bindding for them, however, the ownership can be changed only by way of a registered relinquishment deed or gift deed as the case may be.
Rajendra K Goyal
(Expert) 31 October 2013
For relinquishment of share the registered relinquishment deed is essential. Agreement has to be gone through for giving any opinion on it.
