Relevance of section 29A for non claim on property
Querist :
Anonymous
(Querist) 11 May 2011
This query is : Resolved
I am a Married woman,married in state of Maharashtra in 1992 & well settled
Our parents who expired in 2008 left behind them assets & property without a will in writing but with an oral communications to me my entitlements & my other siblings entitlements.
As a gesture, I contemplate to issue a NOC favouring my siblings quoting the relevant section 29A of HSA 2005 as ammended. The section 29A of HSA 2005, as ammended reads as,
Under Section 29-A of HSA 2005,added by the Amendments, the daughter of a coparcener shall by birth become a coparcener in her own right in a joint Hindu family governed by Mitakshara law, and shall have the same rights and be subject to the same liabilities as if she would have been a son provided,
a. In the event of partition, she shall be allotted the same share as that of the son, and if she is dead at the time of partition, her children will be allotted her share.
b.She shall hold such property with incidents of coparcenary ownership, and shall be entitled to dispose of it by will.
c.A daughter married before 22-6-1994 (the date of operation of the Act) has been excluded from these benefits.
d.Nor are partitions effected before 22-6-1994 to be reopened.
e.And partitions effected on or after 22-6-1994 and before 15-12-1994, if not effected according to the provisions of the Amendment, shall be rendered null and void.
In view, is the stance taken by me is valid, & under what procedure should I issue a NOC & the legal wordings thereon.
Pl advice.
R.Ramachandran
(Expert) 11 May 2011
You have to indicate whether it is 'self-earned property' of your father or it is 'ancestral property' in the hands of your father.
You also have to say who are all your siblings - brother(s) / sister(s) and how many of them.
Whether your mother had any property of her own?
After knowing this, I will give my views on your query.
Querist :
Anonymous
(Querist) 11 May 2011
I am a Married woman,married in state of Maharashtra in 1992 & well settled
Our parents who expired in 2008 left behind them self earned assets & property without a will in writing but with an oral communications to me my entitlements & my brother's entitlements.My mother did not have any property on her own.My brother too do not have property on his own.
As a gesture, I contemplate to issue a NOC favouring my brother quoting the relevant section 29A of HSA 2005 as ammended. The section 29A of HSA 2005, as ammended reads as,
Under Section 29-A of HSA 2005,added by the Amendments, the daughter of a coparcener shall by birth become a coparcener in her own right in a joint Hindu family governed by Mitakshara law, and shall have the same rights and be subject to the same liabilities as if she would have been a son provided,
a. In the event of partition, she shall be allotted the same share as that of the son, and if she is dead at the time of partition, her children will be allotted her share.
b.She shall hold such property with incidents of coparcenary ownership, and shall be entitled to dispose of it by will.
c.A daughter married before 22-6-1994 (the date of operation of the Act) has been excluded from these benefits.
d.Nor are partitions effected before 22-6-1994 to be reopened.
e.And partitions effected on or after 22-6-1994 and before 15-12-1994, if not effected according to the provisions of the Amendment, shall be rendered null and void.
In view, is the stance taken by me is valid, & under what procedure should I issue a NOC & the legal wordings thereon.
Pl advice.
R.Ramachandran
(Expert) 11 May 2011
As the properties are self-earned properties of your parents, the 2005 Amendment to the HSA Act, 1956 has no relevance. That amendment is only concerns with the Co-parcenary / ancestral property.
Since the properties are self-earned properties of your parents, who have died without leaving any WILL, the properties will go by way of inheritance amongst the legal heirs (i.e. son(s) and daughter(s) in equal share.
Any oral instructions / communications will have no value now. HOWEVER, if you wish to relinquish your interests / share in the said properties, then you have to give a Registered Relinquishment Deed in favour of your brother. On the basis of the said Registered Relinquishment Deed, your brother will be in a position to get the property mutated in his name.
The following is the model relinquishment deed.
(Check up locally the Amount for which Stamp paper is to be purchased. The Stamp paper is to be purchased in your Name. The purpose is to be indicated to the stamp vendor as 'Relinquishment Deed'. The stamp vendor will write the name as also the purpose on the backside of each of the Stamp Paper. After getting the stamp paper duly typed, get the same registered by approaching the Sub-Registrar's office under whose jurisdiction the property falls. )
THIS DEED OF RELINQUISHMENT is made at ... on this .... day of ..... between Ms. xxx (give your name), aged .... years, daughter of ..... resident of ...... hereinafter referred to as the 'Releasor' of the ONE PART; AND Mr. ..... (give the name of your brother), aged..... years, son of ..... resident of ....... hereinafter referred to as the 'Releasee' of the OTHER PART.
WHEREAS the Releasor and the Releasee, are sister and brother by relation, and are legal heirs of ……… (give name of your father).
AND WHEREAS upon the death of my father, being legal heirs of the deceased, the parties are joint owners of the immovable property namely (Flat / House etc.) situate at .... and more particularly described in the Schedule hereunder written.
AND WHEREAS the Releasor, being a contended person, and out of abundant love and affection towards the Releasee, does not desire to claim any interest or share in the said property. The Releasor, therefore, desires to release all her share, right, title and interest in the said property fully and completely in favour of the Releasee, so as to enable the Releasee to enjoy the said property all for himself alone, or to deal with it as he likes.
NOW THIS DEED WITNESSETH that in the premises and out of natural love and affection the Releasor hereby releases and quits claim to all her share, right, title, interest, claim and demand in the said property described in the Schedule hereunder written unto and in favour of the Releasee to the intent and purposes that the Releasee will be the sole and absolute owner of the said property, without any let or hindrance from the Releasor of anybody claiming through or under her.
SCHEDULE OF THE PROPERTY: The entire interest of the Releasor in the property, viz., Flat/House bearing No....... situate at ......... BOUNDED ON THE NORTH BY ..... Flat/House/Vacant land (as the case may be) No... EAST BY ...... SOUGH BY ..... AND WEST BY .....
IN WITNESS WHEREOF the Releasor has put her hand the day and year first herein above written.
Signed and delivered by the within named Releasor:
Signed and delivered by the within named Releasee:
In the presence of:
Witnesses: 1. (Name and Address)
2. (Name and Address)
