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Roop (NA)     16 May 2011

Question on legal heirs and relinquishment of deed?

My father owned a flat and died leaving NO WILL behind.

I know that when a person dies without leaving any WILL then his wife, his sons and daughters and his mother becomes the legal heir of his property.

But my grandmother is not alive and died so many years ago before my father bought the flat. So in such condition only Me, my mother and my siblings are the surviving legal heirs.

Now we want to get the ownership of the flat transferred in our mother's name. For that we have to execute the release deed in favor of my mother. But my brother is minor (14 year old) so can he execute the release deed?

As mentioned above my grandmom died before my father bought this flat, so can she considered as legal heir on this flat and now in the absense of WILL from my father can my uncle and aunt claim on my grandmom's share?

Do we need release deed executed by my uncles and aunts in favor of my mother to transfer the ownership in her name?

 If my brother being a minor cannot execute a release deed, then I think we all legal heirs will become joint owners of the house,. In such condition, can my mother atleast get the power of attorney of the house, if so how and what are the advantages of having power of attorney.

Suppose one of the legal heir became tantrumatic or abusive and it is impossible to stay under one roof, say for eg: if in future my brother and his wife abuse me or my mother what legal steps can we take to kick him and his wife out of the flat currently we are staying in? However on sale of flat everyone would get his/her share but because of abuse if it is not possible to stay under one roof, then can rest of the legal heirs take some legal steps to kick the abusive legal heir out of house till the sale of flat proceed?

Please reply my above question. I will be very much thankful to you.



 1 Replies

Sandeep Bhargava (Advocate & Notary)     17 May 2011

YOur uncle and aunt cannot claim share in that property your brother being a minor cannot execute relinquishment deed neither the property /his share can be sold without the permission of court which you can get only for his benifit i.e. for expenses of his education etc. your brother can not even execute power of attorney get permission from court to sell property the application will be filed by your mother in the court under guardanship  & wards act and show in it that your mother do not have any source of money to spend on your brothers study and it is necesssary for the benefit of your brother . a coowner can not throw out other coowner legally

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