Ravi kishore 21 February 2020

self acquired (father (Hindu)- died) intestate property

we are his sons(3) daughters (2) and our mother also died. we decided to release our rights of property to the bigger brother. In release deed my brother is asking signatures of our sons and daughters (deceased grand children) (in registrar's office people are telling not required) please guide us, as one of grand child not in india. my bigger brothers sons (2 one at London) also must be included in the release deed document along with us please guide us.

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Quick Summary

This discussion clarifies who needs to sign a release deed for self-acquired Hindu intestate property when the father has passed away. The consensus is that only the direct legal heirs (siblings) need to sign the deed to release their rights to a larger brother. Signatures from grandchildren, even if they are deceased's children, are generally not required, as they do not directly inherit from their grandfather in this scenario. For heirs residing abroad, a Power of Attorney can be used.

4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 21 February 2020

Dear querist,

The signatures all parties required for release deed. The parties who reside abroad can execute power of attorney.

Regards,

Shashi Dhara 21 February 2020

If they are major then take GPA if they r minors then you will be natural minorgaurdian.

Kishor Mehta (CEO) 21 February 2020

Affirmation of the direct descendants is necessary, no affirmation, of those deriving rights from the diirect descendants, is required.

P. Venu (Advocate) 21 February 2020

As the property is self acquired and the mother also being not alive, the property is vested absolutely with the siblings. Hence it is sufficient that the relinquishing bothers and sisters execute deed; signatures of the grandchildren are not required. The SRO is right in their stand.