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

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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.