Property exclusively comes to one one legal heir
Kumar Krishan Agarwal Advocate
(Querist) 07 December 2013
This query is : Resolved
Dear Sir,
I got a case where the wife(children mother) has many properties died in interstate. After that husband was alive and he has three major children A,B,C. Now the Elder children 'A' wants to get all his mother owned properties on his name while husband & B & C does want to any co-share in wife/mother properties. There is no succession certificate also till yet.
Q1. what the legal steps the elder children 'A' may follow so that his mother properties comes on his name exclusively?
Q2. Will making of Relinquish Deed or gift deed in favor of Elder Children 'A' is sufficient to get all properties comes on 'A' name.
Q3. Will the making of Notary Affidavit of Husband and B & C for not taking any co-share in their wife/mother properties is sufficient to get all the properties registered on 'A' name thru property registrar?
Q4. What the other legal way to get all properties comes on 'A' name exclusively?
Dr J C Vashista
(Expert) 08 December 2013
1. File a suit for decalartion that 'A' is the only owner of the properties left by the deceased mother (if you are able to establish/prove) then his mother's properties comes on his name.
2. In the aforesaid declaratory suit, statment of other LRs of deceased mother/wife and making Relinquish Deeds in favour of 'A' by each of LR is sufficient to get all properties comes on 'A' name.
3. (a) Notary Affidavit of Husband and B & C for not taking any/their hare in their wife/mother properties is in-sufficient to get all the properties. (b)The Registrar will not register any affidavit to the effect that all the properties devolve upon 'A'.
4. Other legal way to get all properties on 'A's name exclusively is get the properties of the share of individual LR transferred by either a registered Sale or Gift deed in faour of 'A'.
P. Venu 
(Expert) 08 December 2013
With the death of the mother, the property already vested in all the legal heirs. A's desire or wish could be accomplished only through family settlement on the basis of informed consent of all the legal heirs.
Arjunsingh Saoji
(Expert) 08 December 2013
Memorandum of Family Settlement shall be sufficient duly noterized. The same can be used for mutation to transfer property in the name of A exclusively.
ABDUL RAZIQUE
(Expert) 08 December 2013
Dear Advocate,
If you want to gift deed in favour of A then made a "judicial affidavit" in mode of declaration from All the legal heir and successor except A. and on the basis of that document you may be registered the gift deed in favour of A. Or If the Mutation department agree to accept "Memorandum of Family Settlement" than you go with it.
Rajendra K Goyal
(Expert) 08 December 2013
Agree with the advise of expert Dr J C Vashista ji,
ajay sethi
(Expert) 08 December 2013
agree with expert J C vashishta .
prabhakar singh
(Expert) 08 December 2013
Well!in my opinion the best course would be to get a QUIT DEED (a registered relinquishment deed)from other shares.
T. Kalaiselvan, Advocate
(Expert) 09 December 2013
As advised by Mr. P. Singh, it is the rightprocedure too be folowed. The property devoolves upon all the heirs of the deceased who died intestate. So, rest of all other legal heirs should either jointly and individually should execute a release deed in your favor relinquishing their rights and interests over their legitimate shares in your favor. This is the only option available
Raj Kumar Makkad
(Expert) 09 December 2013
If the other legal heirs relinquish their share by way of a registered Relinquishment deed, only then you can fulfil your desire.
