Heirs ready to give up their rights on property. but how?

John you and your sister have to get legal heir certificate then after getting that she and you both will be the owner of1/2-1/2 share of your mothers property, now she can gift you her share by marking a registered gift deed in favour of you .

1.  Only a Title-Owner, can execute a Gift Deed,

2.  It would be best to duly execute and register a "Family Settlement Deed", with all the interested parties, unconditionally relinquishing their rights in your favor.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Thanks Laxmi Kant and Hemant for your timely responses.

 

@Hemant Agarwal and other lawyers:

 

- Is Family Settlement Deed and Reliquinshment deed same?

 

- In the Family Settlement deed can my sister and her kids say that they are giving up their right/share of the property to me? Or should I get a Reliquinshment deed signed by my sister and her kids before making the Family settlement deed?

 

Thanks and Regards,

John

 

John,  it is very simple, prepare a 'Release Deed' executed by your sister in your favor relinquishing her rights and interest over your mother's intestate property.  You and your sister are the only legal heirs to your deceased mother, hence the kids of your sister need not sign the papers anywhere, more over the minor's signatures are not valid.

Thanks T. Kalaiselvan,

 

My sister is a widow and her kids are 18+. So in this situation can the release deed be executed by my sister alone or should her kids also sign the release deed along with my sister.

 

Also, most importantly - What is the difference between 'Reliquinshment deed and Release deed? Are they same?

 

Waiting for your response,

 

Thanks and Regards,

John

 

John please read my reply once again properly wherein I have very clearly stated that it is only you and your sister are the legal heirs to your deceased mother, kids are not among the legal heirs of your mother so they do not have to sign any where as far as this property is concerned. Further it is not relinquishment deed, it is a release deed wherein your sister will be relinquishing her interests and rights over the property in your favor. Hope this solves your query.

Thanks T. Kalaiselvan for your valuable advice.

 

I went to a local lawyer here and asked him about the release deed. He says that because my sisters husband is dead, her kids also have right on my mothers property. They also become legal heirs.

 

Is this true that just because my sisters husband is dead her kids along with her become legal heirs? I doubt! Have to check with another local lawyer. I feel as you mentioned that only me and my sister are the legal heirs.

 

Please clarify.

 

Thanks and Regards,

John

Mr. John,

As per Indian Succession Act, when a female inherits any property by way of succession, then such property acquired by her will be treated as individual property as like self acquired property. 

Hence, it is enough to get release deed executed in your favour from your sister as suggested by Adv. Mr.  T.Kalaiselvan.