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rashmi   31 July 2018

Legal heir forfeiture

My father in law passed on through a registered will properties schedule A, B and C to his wife and 2 sons. Properties were transferred to their respective names. IN 1977.

My husband received share C. Working on these properties we have purchased some more properties in my husband’s name, my name and our dauhters name.

Now my husband has passed away intestate. Court order names my mother-in-law (87 yrs), myself and my daughter (16 years minor) as legal heirs. In 2018.

We also have business debts for which I am co signee in bank.

My mother in law does not want any share of the property or the loans. She has received and is in enjoyment of part A of father in law’s property.

Can she waive of all her and her future legal heir (my brother-in-law) right to share in my husband’s property?

I heard of something called release deed. Do I have to get separate one for each property? 



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 3 Replies

R.Ramachandran (Advocate)     31 July 2018

Yes, your mother-in-law can give a REGISTERED RELINQUISHMENT DEED, relinquishing her right, title, share and interest in the properties left behind by your deceased husband in either your favour or your daughter's favour.

If she executes a Registered Relinquishment Deed, then she will not get any share from your husband's properties.

The question of any of your brother-in-laws or sister-in-laws getting any share (from out of your husband's property) would arise, only if your mother-in-law dies WITHOUT executing any Registered Relinquishment Deed as suggested above.  In that event, her 1/3rd share in your husband's properties will go to her legal heirs viz., her sons, daughters and the grandchildren of her pre-deceased son (i.e. your daughters).  Now that your mother-in-law is quite content and satisfied with what she had already got from her husband's WILL and is willing to give away her share in your husband's properties, better try to get executed a REGISTERED RELINQUISHMENT DEED without further loss of time.

rashmi   31 July 2018

Do i need to get a deed separately for each property? 

R.Ramachandran (Advocate)     01 August 2018

No, a single Relinquishment Deed wherein the details of all the properties left behind by your deceased husband is meticulously mentioned, will do.  


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