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Dhiraj Solanki   21 August 2023

Deed of variation to transfer right of inheritance from father to son

The owner of a Flat in Mumbai who was a NRI has passed away abroad leaving behind 2 legal heirs, both of these legal heirs are younger brothers of the deceased Flat owner, the Flat is still not transferred as yet to anyone of the legal heir. Now one of the legal heir wants to transfer his legal right of inheritance to his son. Hence when applying for succession etc. the Flat should be transferred to 2 new joint owners viz "uncle and nephew" i.e. first legal heir (younger brother of deceased) and son of another younger brother (second legal heir).

As per my understanding the Deed of Relinquishment only allows transfer between co-owners and Gift Deed can only be prepared by a person who owns a share in property.

However the situation here is THE FLAT IS STILL PENDING TO BE TRANSFERRED AND STILL IN THE NAME OF THE DECEASED FLAT OWNER.

In England one can prepare a document called a "Deed of Variation" to transfer his legal inheritance of oneself to any individual.

Therefore please can someone advise what document should the 2nd Legal Heir prepare and execute in this scenario so as to transfer his right of inheritance of Flat to his Son.



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 2 Replies

Dr. J C Vashista (Advocate )     22 August 2023

It is applicable i but an UK, however, it is a new concept in India.

Real Soul.... (LEGAL)     22 August 2023

no, you must transfer the property in the name of legal hiers and then the owner can either gift or sell thaat


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