Waiver procedure if i don't want share

Hari (Querist) 21 February 2014 This query is : Resolved
Am sorry if there is an answer that already exists, can't find it! There is property in mother's name that was originally my father's( he is deceased now). My brother now wants to sell the same. I assume I have an one third share. I do not wish to take the share. What is the formality to register this waiver on my part? Also curious if a prospective buyer will want to know about my waiver and related formal documentation of the same.. Thanks in advance for your response!t

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Guest (Expert) 21 February 2014
You could execute a Settlement Deed Registered in favor of other Legal Heirs.Cost of Settlement Deed will Be much lesser than Rs 50000/- irrespective of Property Value.Consult an advocate.

Hari (Querist) 21 February 2014
Thank you sir for the reply

Guest (Expert) 21 February 2014
Welcome Please

Anirudh (Expert) 21 February 2014
Dear Mr. Hari,
You say that the property was originally that of your father.

Thereafter you say that the property is in your mother's name.

How did the property became in your mother's name? - Was there any WILL left by your father in her favour? Or did you give your Registered Relinquishment Deed relinquishing your share (1/2) in the property - so that the property is ultimately shown in your Mother's name?

In any case, as you say that the property is in your mother's name, during the life time of your mother, you do not have any share in it. Therefore, your mother, being the absolute owner of the property is fully within her legal rights to sell the property on the basis of her own signature. There is no need for you to do anything like giving waiver etc.

In case you have any further doubt, please feel free to get back, in the same thread, for clarification.

Guest (Expert) 21 February 2014
Dear Author, You had Stated Clearly'Originally it was my Father's'

Anirudh (Expert) 21 February 2014
Dear Mr. Hari,

I hope you understand what I have indicated to you after carefully going through your post, clearly noting that "There is property in mother's name that was originally my father's".

Now it is up to you.

Rajendra K Goyal (Expert) 21 February 2014
If the title of the property is in your mothers name she can sell, gift or will it. You have nothing to say in it.