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Deepak   19 December 2023

Relinquishment deed

Hi,
A widow wants to relinquish her share of the husband's inherited ancestral property to another person in exchange to a loan received by her. Can she do that? Also does the relinquishment deed have to be signed by her children and grand children too? Kindly advise.

Thanks


Quick Summary
This discussion explores whether a widow can relinquish her share of her deceased husband's inherited ancestral property in exchange for a loan. The advice clarifies that if the property was inherited, she is the absolute owner of her share and would need to execute a registered sale deed, not a relinquishment deed. Her children and grandchildren's signatures are generally not required for this transfer, though the Hindu Succession Act might necessitate their involvement if they are legal heirs to the deceased's share. The advice also notes that rights cannot be relinquished for loan purposes but a sale deed can be executed in favour of a lender.

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 December 2023

If the widow inherited the property from her deceased husband who is reported to have died intestate,  then she will be termed as an absolute owner insofar as her inherited share in the property. 

It is not relinquishment but it will be transferred by executing a registered sale deed. 

The signature of her children or grandchildren is not required. 

kavksatyanarayana (subregistrar/supdt.(retired))     19 December 2023

I opine that according to the Hindu Succession Act, the Class-I heir of the deceased includes his widow, children and mother and hence the relinquishment deed shall be executed/signed by his legal heirs for his share.  But you(the legal heirs of your father) cannot relinquish your rights for the loan purposes but can execute a sale in favour of a Mortgage(loan) deed in favour of another person by paying necessary stamp duty and registration fees. 


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