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prashant arora (bcom)     29 January 2012

Validity of relinquishment deed


The self acquired property of deceased (father) was left behind when he died in 2004 .the deceased left behind 2 daughters and one son and deceased 's wife (widow). Class 1 heir executed relinquishment deed in favour of mother (widow). 

There is marital dispute between son and and his wife and she has filed property suit on behalf of their child contesting the validity and legality of relinquishment deed and claiming grandson's share in deceased's property.

If one were to prove that the deceased died intestate -

1. Do sisters have one fourth share both each?? as hindu successsion act came in 2005 and deceased father died in 2004.

2. What is the division of property if son of deceased is married now and has a baby.Who are the legal heirs of deceased now and what are the shares of each including minor grandson ?

3. Can son of deceased relinquish his share to his mother (including grandson's share, if the court were to rule in his favour )?

 7 Replies

kumar (NIL)     30 January 2012

Dear Prashanth,

Lot of confusion in your questions... Let me explain some of the things

If the property owner is died then all his Sons, Daughters & Mother would be the legal heirs to the all of his Movable & Immovable properties. All of those will get equal share on that until unless Will Deed is not executed. So any member (legal heir) can release their share to others. If any of the legal heir died, then obviously his family will be legal heir for his/her share.

Hope you understand my point...

prashant arora (bcom)     30 January 2012

Thank you Mr. Kumar. 

I understand the succession act but my wife (myself being the son of deceased) contends that the relinquishment deed is invalid potentially (Having not seen the contents of the suit filed by her) on two counts:

1. The status property in question is ancestral - I am not sure what we can show to prove that its not ancestral but a property self acquired by my father. He purchased this land from his own earnings, through loans from members of my mother's family and sale of family jewellery.

2. My son i.e. deceased's grandson has share in this property and hence I have no right of relinquishing my share in this property in favour of my mother.

This situation is most unfortunate. She has chosen to leave me because I refused to harass my mother which she had relentlessly asked for me for last 2 years. Our son is not even an year old. She has threatened divorce countless times already. We are both well earning with best education possible in this country and yet she has not looked beyond that property in this marriage. 

Ishan Goel (Advocate)     16 February 2012

I have only one thing to say that even though the grandson deceased's property is self acquired and all the legal heirs that is you, your sisters and you mother have reliquished your share into one that is your mother, then also the grandson of the deceased can only ask for his share in the property self acquired by his father and not of his grandfather..

also the grandson of the deceased has share in the share acquired by his father, which you have already relinquished in your mother's favour..

let your wife through your child void the deed.. you can later prove to the court her malafide intentions before the court for acquiring the property of your father..

Has she gone for the Divorce under Domestic Violence Act..??

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

As your Father expired in 2004,your sisters had no share in the property.

only 2 legal heirs were there for the property.

As you have relinquished your rights(Half),in favour of your mother,your wife has no business in the whole matter.

you,your sisters,your son or your wife has no share in the property as of now.

Even if tries to show it as ancestral,it would not affect.

Ishan Goel (Advocate)     16 February 2012

The Indian succession act is now amended, now the sisters also have the share in the property..

but, yes as you already have relinquished your share your wife and kid cannot claim anything from it.. they can only claim from what you have..

Chaitanya_Lawyer_Mumbai (Lawyer)     17 February 2012

Hindu succession act will not apply to property of a person deceased before 20-12-2004.

Ishan Goel (Advocate)     18 February 2012

Dear.. I think you might wanna read the Hindu Succession Act.. :)
I should suggest you to look for Hindu Succession (Amendment) Act, 2005 and that too on


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