Relinguishment of deed by daughter in favour of her father
rahul
(Querist) 14 July 2014
This query is : Resolved
Respected sir/madam,
I am 48 years old and i have undivided join family including father, mother,3 married brothers and 3 married sisters. And i have 1 son of 22 years old and 1 daughter of 20 years old. I have purchased 10 acre agriculture land on my own name and apart from that we have still join family undivided property.
My daughter want to release her whole future share in my own property and as well as my undivided joined family property which is still undivided.
My query is that whether my daughter can relinquish her whole future share in my favor by way of simple relinquishment deed which will later on notarize.
And if possible please send proforma of that relinquishment deed on my following email id rahulmeshram.09@rediffmail.com
Thanking you....
Raj Kumar Makkad
(Expert) 14 July 2014
As the property purchased by you is your self acquired, there is no question of obtaining relinquishment-deed or any document/consent/NOC from any other member of your family.
There is a lot of difference between the ancestral property and joint Hindu property. What do you mean by joint Hindu property? Who had purchased that property and whose name?
Devajyoti Barman
(Expert) 15 July 2014
Yes, you are free to enjoy as you want it.
Sankaranarayanan
(Expert) 15 July 2014
As the part of your own self acquired property no issue regarding relingguishment. But need more clarity on your joint property as asked by sri Makkad ji. Pls clarify the same
Sunil S Nair
(Expert) 15 July 2014
Your own self acquired property is your own no relinquish deed necessary unless you bought the property from your ancestral property earnings then it shall be termed as ancestral property then there are many formalities for the same kindly elaborate the same
ajay sethi
(Expert) 15 July 2014
we dont provide formats . no relinquishment deed is necessary for self acquired property
Raj Kumar Makkad
(Expert) 15 July 2014
The querist is still silent over my questions which shows either he has no interest to even read the replies of the experts against his query or he is confused enough.
Dr J C Vashista
(Expert) 15 July 2014
The author is unaware about the facts and his query, seems confusing regarding purchased i.e.,self-acquired 10 acrs or ancestral?.
rahul
(Querist) 16 July 2014
Thank you very much all the respected dignities for your support.
Let me clear some facts elaborately which is missing from my query....
That the properties purchased by me i.e. 10 acre land were out of the income source of joint family.
DETAILED:- In the year 1982 my grandfather made partition and thereby 14 acre agriculture land and 0ne house delivered to my father. Thereafter WE (my father and their sons) purchased several landed properties in the name of each of the sons including me, and in this way i became the owner of 10 acre land.
Till today we are living under the common roof (i.e. my father,mother, 3 brothers and their wives, children etc.) And 14 acre land which is delivered to my father by my grandfather is still undivided.
NOW my daughter wants to relinquish her share from my 10 acre land and also from my ancestral property which is yet divided.
IS IT POSSIBLE?
Dr J C Vashista
(Expert) 16 July 2014
1. During your life-time your daughter has no right in the property purchased by you, hence she cannot execute any deed, untill she becomes owner (title-holder) of part/ full of 10 acre land.
2. Contact, consult and engage a prudent local lawyer for further queries, guidence and advise.
Raj Kumar Makkad
(Expert) 16 July 2014
You have already been advised about your self acquired property that none has any say in that land and you are free to deal with the same during your life time and can even make a will of that property as per your free whims and wishes.
Your second property is not an ancestral. That property share has come to you in succession from your father. Your daughter or your sons has also no say in that land during your life time and you are free to deal with that land as per your whims and wishes like your first property of 10 Acre hence there is no need to get the relinquishment deed from your daughter as she has no share in any property you mentioned in your query.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
Woman, children have right to the ancestral property of estranged hubby/father even when he is alive, the Delhi high court ruled.
The children by birth acquire an independent right of ownership in coparcenary [joint inheritance] property and as a consequence of such an ownership, the possession and enjoyment of the property is common,ā€¯ the court said, setting at rest a prolonged controversy over the rights of a Hindu wife and her children over an ancestral HUF estate.
However, you do not have to take her consent or ask her to relinquish her rights in your self acquired property.
Anirudh
(Expert) 17 July 2014
Dear Rahul,
You say that in the year 1982 your grand father made partition.
Can you clarify as to when (in which year) did your grand father got the property?
Whether the property was your grand father's self-earned property?
If not, from whom did he get the property and in which year?
Raj Kumar Makkad
(Expert) 18 July 2014
The ancestral property after partition, gets the status as of a self acquired property and can be dealt accordingly.
Dr J C Vashista
(Expert) 18 July 2014
For such a big landlord it would be more appropriate for you (which is my advise to you) to contact, consult and engage a local lawyer for further queries, guidence and advise, although all aspect of your above mentioned queries have already been discussed, deliberated and resolved.
