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Relinquishment deed signing by sister
1 week ago
My wife's brother is threatening her to give up her share on her ancestral property after her father's death. He is asking her to sign a relinquishment deed. Thing is they don't have legal heir certificate or a succession certificate made. Do they require to make a legal heir certificate first? And if my wife signs the relinquishment deed can her brother sell the land or transfer without her further permission? Also is stamp duty and registration needs to be paid for the relinquishment deed?
A.Dear Client,
Your wife is legally entitled to her share in the ancestral property. It is illegal to get a relinquishment deed by coercion. In this case, you can file a complaint against the person for coercion and harassment. However, if your wife signs the relinquishment deed, she looses all her rights over the property and the person will have a complete authority of the property.
Hope it helps.
Thank you.
Your wife is legally entitled to her share in the ancestral property. It is illegal to get a relinquishment deed by coercion. In this case, you can file a complaint against the person for coercion and harassment. However, if your wife signs the relinquishment deed, she looses all her rights over the property and the person will have a complete authority of the property.
Hope it helps.
Thank you.
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A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. But unless an undivided property is partitioned through a decree of court, legal heirs are not entitled to give up their share in the property to others. Once the property is partitioned and your wife executes a deed of relinquishment giving up her share in the property in favour of her brother, he can dispose of her share to others as per his choice. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and shall be registered paying the required stamp duty and registration charges, is another requirement for giving up ownership of immovable property in favour of a co-owner. A co-owner cannot force or apply undue influence on another co-owner to sign a deed of relinquishment in his favour which on challenge/contest be considered as void and unenforceable under law. Reach out to an Advocate for guidance and steps.
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. A relinquishment deed is a legal document that transfers the ownership of a property from one person to another. It is commonly used in cases where a co-owner or a legal heir wishes to transfer their share of the property to another co-owner or legal heir. A relinquishment deed may be assigned either for consideration or with no consideration. But unless an undivided property is partitioned through a decree of court, legal heirs are not entitled to give up their share in the property to others. Once the property is partitioned and your wife executes a deed of relinquishment giving up her share in the property in favour of her brother, he can dispose of her share to others as per his choice. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and shall be registered paying the required stamp duty and registration charges, is another requirement for giving up ownership of immovable property in favour of a co-owner. A co-owner cannot force or apply undue influence on another co-owner to sign a deed of relinquishment in his favour which on challenge/contest be considered as void and unenforceable under law. Reach out to an Advocate for guidance and steps.
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A.Dear sir,
Yes if your wife signs relinquishment deed then she will loose her share. The other party can sell the entire property. Stamp duty etc. depends upon state government rule please check sub registrar office.
Yes if your wife signs relinquishment deed then she will loose her share. The other party can sell the entire property. Stamp duty etc. depends upon state government rule please check sub registrar office.
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