relinquishment deed

1. Now there is a cause of action to execute relinquishment deed as the deceased is intestate leaving behind wife and children.

2. one cannot execute relinquishment deed in respect of the property which does not belong to him that is merely on the basis of chance of succession ( spes successionis). Here as the owner is no more without making will to that effect all legal heirs will get a right of inheritance and they are entitled to relinquish the same.

3. when father is alive and the property is self aquired one, his legal heir cannot relinquish his right on the basis of chance of succession. Oral communication to his father serves his purpose instead of going for any complicated deeds as such.

Now querist can very well go ahead with relinquishment deed to safeguard the interest of mother.

but pls be cautious and go through the consequences of such relinquishment as pointed out above by Mr.Hemanth.

regards

manu

Sir,

hello bhavana... it is better to go with irrevocable gift deed instead of sale deed, which may cause future problems in case he remarry and begot children. u need to consult an advocate in ur area to get correct solution as per the actual circumstances.

thank you very much, my dear learned counsel Mr hemanth and Vishal, for elaborate intellectual discussion so far. thank you one and all. 

one more request you, can you give any citations or case laws available if any.

Hello Sir/Madam,

MY GRANDFATHER IS GIVEN A SOME PROPERTY TO ME . CAN I MADE THE RELINQUISHMENT DEED OF THAT PROPERTY. PLEASE SOLVE THAT PROBLEM .

@ Vipul,

If now the property is only in your name singly, you cannot execute any relinquish deed. For relinquish deed there needs to be more than one owner, If you want to transfer it you can execute a sale deed, gift deed etc.

HEllo, please advice

My grandmother has made a willl in favour of 3 grandsons, out of which i am one of them. the other 2 grandsons are willing to give me thier share. what is the procedure for relinquishment deed and its registry.

thanks

Get the property mutated in the name of the 3 grandsons as per the will. Then, with the help of a lawyer prepare relinquishment deeds of the 2 grandsons who are willing to release their share in favor of you and get it registered in the sub registrar's office.

thank you Archana maam , appreciate your guidance

hello all

my grandfather died on 10-9-1989 leaving behind

a registered will in favour of my grandmother on 08-07-1987

legal heirs my grandmother her 2 sons n 2 daughters

she acted on that will to get her name mutated on property on behalf of registered after 16 days of death of grand father but later on she refused to get property transferred on her name even all children were along with her as she deemed all children are equal owners along with her but no written aggrement happened of making all equal owners

as the time went by in year 2005 disputes happened between her 2 son n later on 2010 it was decided by her that property be transfered in name of 1st (first) son while the 2nd (second) son was not agreeing to it

so she called upon her 2 daughters n along with her drafted Relinquishment deed  where all 5 heirs got mentioned as equal sharers n 3 owners (namely her n her 2 daughters) released there 3 shares in favour of 1st (first) son making him 80% owner thereby keeping his 2nd son share of 20% intact.

eventhough it was advised to her to act by will but having a heart of lady n being old age she doesnt wanted to disrespect her 2nd child by becoming absolute owner n transfreering whole title to 1st son plus going by probate on will was taking a lengthy time so she opted for Relinquishment deed

now she died on 12-11-2012, and after her 20 days of death 2nd son by some mischief put the case of probate on some fake unregistered will in which its stated "that grandfather left the will of this property in his favour" dated 15-3-1988 and the Relinquishment deed made by grandmother is waste stating since a person having resgistered will n having act upon cannot make a Relinquishment deed plus he says it cannot entitle to transfer title of property and is not valid in eyes of laws

conclusion -  Is Relinquishment deed is now having value or has got wasted since she had will in her favour? or there is any way to overcome this problem as her two daughters are still in favour of 1st son

i request to please due reply it along with some case reference or judgement so that it may help in building reply as i am really confused n scared

as her loving a son n considering him also a part of family can be so dangerous?

MY FATHER-IN-LAW EXPIRED SUDDENLY 4 MONTHS BACK.MY MOTHER-IN-LAW HAD EXPIRED ALREADY 5 YEARS BACK.NOW MY WIFE, HER YOUNGER SISTER & THEIR ELDER BROTHER ARE ONLY LEFT.

MY BROTHER-IN-LAW TOLD MY WIFE NO "WILL" WRITTEN BY MY FATHER-IN-LAW HAS BEEN FOUND  Y HIM. HOWEVER WE SUSPECT THIS FACT AS HE WAS A PERSON WHO USED TO KEEP ALL HIS DOCUMENTS UPTO DATE.

MY BROTHER-IN-LAW TILL DATE HAS NOT TOLD ANYTHIING TO HIS SISTERS ABOUT OTHER ASSETS LEFT BY THEIR PARENTS, WHETHER IN BANK ACCOUNTS, PROPERTIES, JEWELLERY ETC.HE HAS VERBALLY TOLD YOUNGER SISTERS ABOUT FEW OF PROPERTIES THAT THOSE ARE IN HIS NAME.FOR ONE BALANCE PLOT HE IS SILENT SO FAR(WE ARE NOT SURE IF HIS VERSION IS CORRECT OR HE IS HIDING SOMETHING AS WE HAVE NOT SEEN ANY PAPERS SO FAR).

FURTHER NOW HE TOLD MY WIFE HE NEEDS HER SIGNATURES ON SOME DOCUMENT KNOWN AS "RELINQUISHMENT DEED" SO THAT HE & HIS UNCLE(MY FATHER-IN-LAW'S YOUNGER BROTHER) WHO ARE STAYING WITH THEIR ANCESTRAL HOUSE CAN SELL IT & MOVE TO OTHER PLACE.

ALSO HE & THEIR UNCLE ARE IN FAMILY BIZ FOR WHICH MY FATHER-IN-LAW WAS ALSO ONE OF MAJOR PARTNER & ONE OF ORIGINAL FOUNDER.

IN VIEW OF THIS BACKGROUND I HAVE FEW QUERIES:

1)DOES MY WIFE & HIS SISTER HAVE ANY RIGHTS ON ASSETS(ANCESTRAL  HOUSE, FAMILY BIZ, FIRM/FIRM ASSETS, JEWELLERY- BANK ACCOUNTS DEPOSITS OF MY PARENTS-IN-LAWS)OF MY PARENTS-IN-LAWS ON WHICH THEY CAN CLAIM THERE SHARE AS WELL TO THEIR BROTHER?

2)IN VIEW OF ABSENCE OF "WILL"WHAT IS PROCEDURE INVOLVED?

3)IF THEIR BROTHER TRIES TO MAKE SOME FAKE "WILL" , CAN IT BE CHALLENGED & IS IT NOT CRIMINAL OFFENCE?

4)WHAT IS PROCEDURE INVOLVED FOR "SUCCESSION CERTIFICATE" ?

5)WHAT ARE CONTENTS OF "RELIQUISHMENT DEED" & WHAT ARE RIGHTS OF DAUGHTERS LEFT ONCE IT IS SIGNED BY THEM?

6)CAN DAUGTHERS PREVENT THEIR BROTHER-UNCLE FROM SELLING OF ANCESTRAL HOUSE TILL OTHER ISSUES ARE SORTED OUT? WE HEARD AFTER SIGNING THIS RELINQUISHMENT DEED ALL RIGHTS OF DAUGHTER'S ARE SURENDERED IN FAVOUR OF THEIR BROTHER & THEY CAN'T THEN DO ANYTHIING AFTER THAT? IS IT CORRECT?

7)WHAT ARE OPTIONS LEFT WITH US TO PRESS THEIR BROTHER TO BE MORE TRANSPARENT IN SHARING CLEARLY WHAT ALL LEFT BY THEIR PARENTS FOR ALL 3 CHHILDREN?

8)IF "WILL" IS FOUND TO BE NOT EXISTING, WHAT IS PROCEDURE INVOLVED TO DIVIDE ASSETS EQUALLY AMONG 3 CHILDREN?

9)IF "WILL" IS FOUND LATER, CAN IT BE CHALLENGED IN COURT BY ANY OF SISTERS?

10)LIKE MY BOTHER-IN-LAW'S WIFE, DO I HAVE ANY LEGAL RIGHT ON ASSETS OF MY WIFE THROUGH HER PARENTS? MY BROTHER-IN-LAW HAS SO FAR NOT SPOKEN TO ME ANYTHING BUT SHARES INFORMATION IN BITS & PIECES & THAT TOO IN LIMITED WAY WITH MY WIFE. THEREFORE TO PROTECT HER RIGHTS CAN I GET INVOLVED IN ANY WAY?

11)DO MY CHILDREN(2 KIDS)HAVE ANY RIGHT IN ASSETS OF THEIR GRANDPARENTS IN THIS CASE?

12)IF NO "WILL" EXIST WHAT IS PROCEDURE TO SETTLE ALL THESE ISSUES?

ANY KIND OF QUICK ADVICE BY ANY OF EXPERTS ON SUCH MATTERS WILL BE HIGHLY APPRECIATED.

THANKS IN ADVANCE.

B.RG/TARUN KOHLI

I have some questions in the same matter:

My father passed away on 30th April 2005. We are residents of Jaipur, Rajasthan. At the time of his passing away, my family consisted of the following:

Myself (Age 51) - Karta

My Mother (72 yrs, lives with me)

My wife

My two minor sons (out of whom one has become a major now and one still is a minor).

My 3 married sisters – they all live with their respective families and we have cordial relationship.

We have an ancestral property which was bought by my grandfather in the name of our HUF in 1967. I have no intention of partitioning this property in any manner until I am alive, but want to ensure that there are no problems of any kind after I’m gone, and therefore I want to clarify all the legal angles in this regard now.

I now want to get Relinquishment Deeds executed by my 3 sisters in his HUF property so as to ensure that after my demise, there is no legal dispute between my sons and my sisters in any way.

My questions:

1. As my father had passed away before the 2005 amendment, and all my 3 sisters were already married by then, do these amendments of 2005 impact my HUF with retrospective effect or not? I.e. do my married sisters have equal claim on the HUF property as of today? 
2. If they have, then I’d like to get them to execute Relinquishment Deeds in favour of my mother. Do you see any legal problem in this course of action?
3. In this case, do I have to make 3 separate Relinquishment Deeds from each of my 3 sisters in my mother’s favour, or can make ONE deed signed by all the 3 sisters?
4. From the point of view of legality, can the relinquishment be done without any consideration or it MUST have some consideration paid by my mother to my sisters? In other words, if my sisters execute the relinquishment deeds without any consideration, are there any potential legal considerations?
5. These Relinquishment Deeds need to be registered surely, but would it attract any stamp duty, particularly since no actual transfer of property is taking place UNTIL the HUF is actually partitioned, which really it is NOT! If yes however, then what is the stamp duty that needs to be paid and what would be the denomination of stamp paper required for it?

For relinquishment deed we should buy 100 rupees stamp paper on Releasor name or releasee name ?