share- hindu succession -

Advocate.S.A.Siddiq (Querist) 17 October 2010 This query is : Resolved
male Hindu dies intestate his property .
Legal heirs are sons, daughters, widow and of the deceased.

Widow of the decease wrote the settlement deed to her daughters (1/3 share) before partition. This settlement is valid or invalid?

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niranjan (Expert) 17 October 2010
It could be relinquishment deed and it is valid.

Devajyoti Barman (Expert) 17 October 2010
How the share comes to 1/3rd when the legal heirs of the deceased seem to be more than 3 persons.

Surrender K Singal (Expert) 17 October 2010
Relinquishment Deed of widow's share could benefit the daughter as per widow's wish;
It may be advisable to get such deed registered

Vinoba (Expert) 17 October 2010
Hello,
The mother can either execute a settlement deed in respect of her share/moeity or relinguish her share by way of a relinguishment deed in favour of her daughters and both are legal. But the percentage of shares referred by you is not correct. She can execute a deed only in respect of her 1/4th share and not 1/3rd as mentioned in your query. Therefore the deed is not valid only to the extent of the excess share relinguished or settled.
L. Vinoba
Advocate
Pondicherry.