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Rajinder Kumar Arora (Advocate)     30 April 2017

Property parition

Father's self acquired property. Father died; heirs executed relinquishment deed in favour of mother without consideration; subsequently, mother executed a registered will in favour of one son; mother died now and other heirs want their share in property. Please guide, how to proceed?


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 14 Replies

shrenik (lawyer)     30 April 2017

How they csn get share ? As.they already relinquish their share in favour of property

shrenik (lawyer)     30 April 2017

How they csn get share ? As.they already relinquish their share in favour of property
1 Like

Rajinder Kumar Arora (Advocate)     30 April 2017

Relinquishment was without consideration and for operational purposes since a couple of heirs are abroad!

Kumar Doab (FIN)     30 April 2017

It was with their free and sweet wish and will.

Isn't it!

 

Kumar Doab (FIN)     30 April 2017

If the property is in presidential towns: Mumbai, Kolkoya,Chennai then it is mandatory to probate the valid WILL.

If not: then  download the procedure/requisite forms and annexures  for such cases; 'Testate succession' from website or O/o Authority under whose jurisdiction proeprty falls, and submit the valid WILL to act upon the WILL.

Usually death certificate, legal heir certificate,certified copy of valid  WILL, NOC from legal heirs is required.

The authortiy may ask to release advt in newspaper  and/or write to legal heirs for submitting objections if any.....................and upon satisfaction of compliance may act upon the valid WILL and transfer ownership as per valid WILL.

 

 

 

1 Like

Kumar Doab (FIN)     30 April 2017

The catch is legal heirs may challenge the WILL and WILL may land up in probate court of pecuniary jurisdiction.

1 Like

Rajinder Kumar Arora (Advocate)     30 April 2017

Yes.  But, can't we state that that 'free and sweet wish and will' was procured by making false promises, etc.

Kumar Doab (FIN)     30 April 2017

The signatory appeared before registering authority to sign.

Why to rake up and bring dispuste in public!

Try amicable settlement.

 

Kumar Doab (FIN)     30 April 2017

Go thru the deed.

It might have been mentioned the relinquishment is with Natural Love and affection.

Rajinder Kumar Arora (Advocate)     30 April 2017

Will is registered! Moreover, my query is from heirs' (non-beneficiary in will) side!

Kumar Doab (FIN)     30 April 2017

The query has been responded.

 

 

Kumar Doab (FIN)     30 April 2017

A member/expert has attached specimen of deed and there are many threads on such/similar query/deed at LCI that can be searched in Search option..   

[DOC]Subject : Model Relinquishment Deed - Lawyersclubindia

Kumar Doab (FIN)     30 April 2017

The registered WILL may not be set aside on counts of authenticity.

Rajinder Kumar Arora (Advocate)     30 April 2017

Thanks, Ramesh ji. 1. Can I have any citations please for cancellation of will? 2. Do we have to first go for cancellation of will and then for partition? Means, 2 suits!

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