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A Kumar (AM)     02 January 2017

Relinquishment deed and subsequent inheritance

My sister is a window and after her husband's death became owner (along with her 2 sons) of family joint property (also jointly owned by other legal heirs of her father-in-law and father-in-law’s brother both who had expired at that time). 15 yrs back as the sons were going abroad to study (and it was expected that property would be sold while they would be abroad, the sons executed a "relinquishment deed" thereby giving their property to their mother as she could swiftly deal/act behalf of them (without delay as they would be abroad).

We have established that all legal formalities of the "relinquishment deed" were done correctly and after the same property now legally stands in name of the widow and the other heirs of her father-in-law and his brother.

As the mother is now getting older, the sons fear that if the mother passed away untimely, would they have a legal hassle at the hands of the other heirs. They currently assume that the property be naturally inherited by them after their mother (but are not sure if that will be the case and other co-owners could take a legal action to take them away from the share (as they had relinquished the right to their mother and should not expect to get any share if the mother passes away).

 

What legal procedure can be done now to save any grief or legal hassle later . Currently, the mother has a generic will that all her property and assets be equally divided to her sons.



 1 Replies

saravanan s (legal advisor)     02 January 2017

The mother can give her share alone to anyone she wishes to give but not others share in the property and again if the mother dies intestate then her share alone will devolve over her legal heirs.

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