daughter giving up her share from her father's property
Amitha K V Iyengar
(Querist) 16 December 2009
This query is : Resolved
Hi,
A friend of mine is a female legal heir to her father's property along with rest of her siblings. Her son wants to get her share for all himself. He has borrowed heavily and is in debts. Now to safe gaurd the interest of their sibling sister, the brothers & sisters who are the children of the deceased father want the daughter to give up her share so that they can protect that amount from any further squandering by the son and give it to her other off spring who is repaying their debts.
1. Now, can this daughter voluntarily give up her rights & share in her father's property?
2. If so what is the procedure and the documents to be executed?
3. How can it be made legally binding and non contestable?
4. Is their any threat/ scope of the son trying to get a share out of the mother's inheritance when she is still alive or preventing her from forgoing her share to the family?
Adv Archana Deshmukh
(Expert) 16 December 2009
1) Yes, the daughter can voluntarily give up her rights & share in her father's property.
2)& 3)In case of immovable property, share can be relinquished by a registered release deed.
4) The property of the mother is her absolute property in view of S.14 HSA, so she can dispose it in any way she likes. The son has no right in the property till the mother is alive.
N RAMESH.
(Expert) 17 December 2009
I agree with accurate answer of Ms.Archana
Amitha K V Iyengar
(Querist) 18 December 2009
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Am a freelance net researcher and writer at present, so incase any of you need any help from my end please feel free to get in touch with me.
