Relinquish Deed After Owner's Death
5 years ago
Hi,
The owner of a property has died, and has no left no will. It's a freehold property in his name and he has 5 surviving daughters as legal heirs. In order to sell this property, would one of the legal heirs be required to relinquish (by way of Relinquish Deed) the claim on property in order to execute the Letters of Administration? Is this the fastest way to sell the property or is there a better alternative?
A.Dear Sir,
All five of them sell jointly or four of them relinquish in favour of one of them and thus sell the property.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
All five of them sell jointly or four of them relinquish in favour of one of them and thus sell the property.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.U will need to file application for succession certificate then it will be possible to u . Otherwise not . In district court
Helpful
Helpful
Share
Shreyash Mohta
Responded 5 years ago
A.Hi,
As you said that the owner of the property has died and has 5 surviving daughters as legal heirs. Such property is now owned by all 5 of them as they are the legal heirs of the person so deceased.
Getting to your question of selling the property
Yes, a relinquish deed is the fastest mode. Any one can find a seller and as the sale cannot be made without the signatures of all of the owners you cannot sell the property.
However, having that said, by way of a relinquishment deed you relinquish [give away] all the rights which you had in the property and after such deed is executed you shall have no rights to the property or proceeds.
If the intention is to merely sell the property, then, it is better that you find a seller and provide with NOC [No Objection Certificate] on such sale by the other Co - Owners and then distribute the sale proceeds in equal proportion or otherwise as decided mutually.
Thanks
Shreyash Mohta
As you said that the owner of the property has died and has 5 surviving daughters as legal heirs. Such property is now owned by all 5 of them as they are the legal heirs of the person so deceased.
Getting to your question of selling the property
Yes, a relinquish deed is the fastest mode. Any one can find a seller and as the sale cannot be made without the signatures of all of the owners you cannot sell the property.
However, having that said, by way of a relinquishment deed you relinquish [give away] all the rights which you had in the property and after such deed is executed you shall have no rights to the property or proceeds.
If the intention is to merely sell the property, then, it is better that you find a seller and provide with NOC [No Objection Certificate] on such sale by the other Co - Owners and then distribute the sale proceeds in equal proportion or otherwise as decided mutually.
Thanks
Shreyash Mohta
Helpful
Helpful
Share
Read Related Answers
Agriculture Land Purchased in Gujarat from Non-Farmer Seller
Dear Sir,
Please consult local advocate who is well acquainted with local laws particularly revenue laws otherwise you may be mislead.
Registered legal entity as nominee of chs flat Mumbai
Dear Sir,
Registered legal entity may be nominated but it cannot sell the property after the death of such title owner and it goes to the legal heirs of title owners unless the legal entity get Gift D...
Sc st land purchase by obc mp dist narmdapuram
Dear Client,
Section 42 of the SC, ST Act, 1989 prohibits the sale of SC land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land b...
Property share
Dear Sir,
Under the Muslim law, there are three classes of heirs
• SHARERS, they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of...
Hiring of professionals as executor of a will
Dear Sir,
Yes, the payment to the executor starts only after the death of testator of the Will and not earlier to it.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
