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Ananda   21 March 2024

Giving up inheritance rights

Sirs,

In present case, Mother is no more, Father is doing well.

If an adult child wants to give up his/her claim to any ancestral or parental (coming from Mothers side here) property (in favor of another child) can they do this legally when  parent(s) are still alive?

A  Partition Deed or Release Deed (in favor of other children) can be done once the parent(s) is no more and the property devolves.

However, is there any way to give up or transfer such rights when the parent(s) are still alive(Father in this case) ? 

Some children are busy/settled in different country and are not interested in claiming rights and also not interested in more legal paper work in future. We are trying to avoid multiple Release deeds/documentation. 

thanks

A



Learning

 7 Replies

Dr. J C Vashista (Advocate )     21 March 2024

Get Relinquishment or Gift deed registered by non-interested LR of mother in favour of some other LR of deceased.

The releasor / donor living abroad may execute a special or general power of attorney to anyone of his/ her choice in India.

Ananda   21 March 2024

Thank you sir, for deceased parent's property they will do Release Deed or GPA as you suggested.

They would like to know if the same release/GPA can be drafted  to work for Future inheritance from Father's side (who is doing fine now) by including all properties in both parent's names, or will there be a need to register another/separate such deed in future.

thanks,

A

T. Kalaiselvan, Advocate (Advocate)     21 March 2024

As a matter of fact, the children cannot acquire any right or title to the property when the property owner is alive, hence there is no question of any of the children relinquishing the rights in the property which do not belong to them now.

However since your mother is not alive but the property if she had any, shall devolve eually on all her legal heirs, the unwilling child/ren can execute a registered release deed relinquishing his/her rights in that property now by a registered  deed. 

Ananda   26 March 2024

However since your mother is not alive but the property if she had any, shall devolve eually on all her legal heirs, the unwilling child/ren can execute a registered release deed relinquishing his/her rights in that property now by a registered  deed. 

Thanks sir. By relinquishing rights in that Property now, will this step/action release all future rights also in that property ? SInce Fathher's current share in that property will also devolve equally in future, will there be a need for a future Release deed also or the first release deed is enough to cover future inheritance.

 

Dr. J C Vashista (Advocate )     27 March 2024

Right of either mother or father can be relinquished in one document, if otherone (spouse) has not acquired his/ her share from pre-deceased. 

Once share of either of the spouse (mother or father died) has been transferred to other one, it becomes his / her self acquired property which can be disposed by him/her as s/he desire.

Query is slight confusing, be clear.

Ananda   28 March 2024

Sir, the question is can someone give up their inheritance rights in a specific/all parental properties  when the parents are still alive?

I understand Release is after you have acquired rights, but any provision to give up future rights also? 

Dr. J C Vashista (Advocate )     28 March 2024

Right of any property can be released only and only after it is acquired and not for expectancy, except in a "Will" which would be applicable after death of the Testator of the Will.


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