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Legal heir after mothers death and father with second wife

Page no : 2

Ann   11 March 2019

Hello all, thank you for your expert advice. Today we had a conference call with our father and he repeatedly agreed to sign relinguiment deed and distribute his share to both children and he expects 20 lacs in return - cash payment. It�s a lot of money but it�s less than his share of this property. 1. How should we way pay him during this process that he doesn�t cheat us after taking the money? Is there a 3rd party company or someone can help to ensure payment is made only after he signs? Any recommendation? 2. Apart from relinquishing his share is there anything else we children would need him to sign in future tomsell or transfer thisnproperty to our names? 3. Until the property is relinquished should we take any action with the registrar office to secure this property than no one sells it behind our back using fake papers or something? Is there a way we can inform or alert the registrar about this property in question? Please note that our father has another child from his second wife and so do we have to get her signature in any form as well?? Thank a lot Ann

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     12 March 2019

1. You should reduce the oral agreement between you people and your father into writing duly witnessed by reliable persons/s. It is better the same is notarised.

2. Approach a Lawyer to get a Relinquishing Deed written and the same need to be signed by your father.

3. I feel it is better all of you discuss the matter (other than your father) and decide who should get how much share in the property. Then go for a partition Deed in which your father also should sign. The fact of his accepting Rs. 20.00 lakhs in consideration to his relinquishing his right to the property should also be included. Also, the respective shares of remaining heirs to be clearly demarcated with boundaries and area. This deed need to be registered and the amount of Rs. 20.00 lakhs be handed over to your father in the presence of Registrar and the acknowledgement may be part of the relinquishing deed.



SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     12 March 2019

The Partition Deed need to be Registered duly paying the stamp duty. Then nobody can create any trouble to you.

G.L.N. Prasad (Retired employee.)     12 March 2019

The best process is to agree for the same before District Legal services Authority, and get an award which can not be challenged.  You may prepare to obtain the settlement sum in demand draft, and get the compromise deed as award from LSA.  You need not spend single paisa for this.

Ann   22 March 2019

Hello all, So our father has agreed to do relinquishment deed. BUT He wants to relinquish to both children�s names 50% each. Is this necessary? I want mine to go to my brother in any case. Can�t he relinquish all of his share to my brother alone?? Secondly, do I have to be present in person at the registrar office to accept the deed and sign as well ( if he includes me )? Or can my dad do it without children�s presence? Once the relinquishment deed is done. Is there anything else we need from our dad to transfer the property to my brothers name? Thank again Ann

G.L.N. Prasad (Retired employee.)     22 March 2019

If your father is such a noble man, where is the issue?  Contact a local advocate and draft a settlement deed showing the agreed shares of each co-sharer and get this in the shape of award from Legal Services Authority.  There is absolutely no problem and it is your perception that triggered all these complications and guidance of two pages.  Congratulations.  Trust an advocate and get the settlement deed drafted with signatures of all co sharers before LSA as expeditiously as possible, before some of your family members gives wrong guidance and spoil the entire understanding.

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