Mit (Software engineer) 09 July 2023

Giving away one's own share of inherited land to specific siblings via affidavits

Gujarat state : Rajkot city related matter. Piece of land is in rajkot city under municipal limits Father died intestate. --> 7 offspring : 4 sons, 3 daughters (Son1, Son2, Son3, Son4, Dtr1, Dtr2, Dtr3) --> By law every sibling should get 1/7th of the share -->4 siblings namely Son3, Son4 (and heirs), Dtr1, Dtr2 (and heirs) are willing to sign an affidavit which says that they have no interest in property and are not interested in being co-applicants for heirship certificate ;and are wanting to give their share equally to Son1 and Son2 (by "specifically" mentioning this) --> now Dtr3's (Dtr3 is deceased) heirs are interested in property and will like to be co-applicants for heirship certificate --> That way, finally there will be 3 applicants for heirship certificates (Son1, Son2, Dtr3's heirs) - question is as below 1) Will court allow the effect of affidavits of Son3, Son4, Dtr1 and Dtr2 and say that Dtr3 will get only 1/7th of the share and not 1/3rd of total BECAUSE Son3, Son4, Dtr1, Dtr2 have mentioned in affidavit that they would like to give their share equally between Son1 and Son2 2) Can the children of Dtr3 contest this and say that if there are 3 applicants, then the whole piece of land should be equally divided and can they legally challenge the wish of other siblings to give their shares in favor of Son1 and Son2 only ? 3) in general, are there any provisions which can disallow a married daughter (or her offspring) to lay a claim on any ancestral property of the daughter's father ? questions 1 and 2 are more related to the case and 3rd is general. any guidance will be appreciated. Rajkot city matter, Gujarat state

Reply Follow

8 Replies

R.K Nanda (Advocate) 09 July 2023

contact local lawyer for proper advice

T. Kalaiselvan, Advocate (Advocate) 09 July 2023

Even though the property devolves equally on all the legal heirs of the deceased, some of the legal heirs would like to relinquish their rights in the property, for that they have to execute a registered release deed.

The law is that, if one or more of the legal heirs are desirous of relinquishing their rights in the property, then their respective share in the property will go to the common pool, means the property will then be divided equally among all other remaining legal heirs .

Therefore in the event of 4 of the legal heirs/successors in interest would like to relinquish their rights in the property then the property will devlolve equally among the remaining three legal heirs, thus each one of the remaining legal three legal heirs shall be entitled to inherit/succeed one third share out of the entire property.

But, before that the legal heirs who would like to relinquish their rights in the property have to execute a registered relinquishment deed in order to get released from the claim for their respecive share in the property and not by an affidavit.

1 Like

P. Venu (Advocate) 09 July 2023

Yes, the legal heirs need to execute and register deeds relinquishing their rights, share and interest in the jointly held property.

It is impossible to modify the heirship certificate as per your assumptions and presumptions.

1 Like

Mit (Software engineer) 09 July 2023

Thanks a lot for your valued opinions dear sirs... Very much appreciated..

T. Kalaiselvan, Advocate (Advocate) 10 July 2023

You are welcome for your appreciations

1 Like

N.K.Assumi (Advocate) 10 July 2023

T. Kalaiselvan, Advocate (Advocate) is absolutely right. Affidavit is not an evidence.

1 Like

T. Kalaiselvan, Advocate (Advocate) 10 July 2023

Dear Advocate Mr. N.K. Assumi, thank you for your endorsement of my opinion.

AGA ARVIND 12 July 2023

Legal heir ship document is a list of surviving legal heirs as per the applicable succession act(ie depending upon the religion (as.each has differentInheritance laws ).Hence here all siblings will be listed in the Legal heirship certificate.

Those who want to relinquish their respective rights to other siblings, they need to enter into a settlement deed or rlease deed in favour of the siblings they wish to gift their inherited shares.

here only one daughter is claiming for her 1/7th Share, others can settle it by gifting their inherited share to other coparceners.

ie after giving 1/7th of the share to the claimant daughter, balance can be settled through gift deeds and register it before the Regitrar.

1 Like