Property relinquishment-father died without a will
1 year ago
My father died without a will for a house. We are five (5) children to our parents (2 men and 3 women). My sisters and myself are ready to relinquish our rights in the shares of ours to my mother but my elder brother is not ready to relinquish his rights on the share he owns.
My doubt is can we (myself and my sisters, excluding my brother) can make a relinquishment deed and give our shares of ownership to our mother? If so it can be done, then should we mention the information about the share that we own (measurements) in the deed? And should we consult our brother on which portion of he wants and won't let our mother to have ownership at? Please clarify all my details.
With much pleasure,
Varshini
if you along with your sisters issue a relinquishment deed and give your share to your mother, if she does not make a will, then after her death, this property will be equally shared among her children. you will need to mention the share of property that you are giving to your mother.
Yes, yourself and your sisters may execute relinquishment deed in favour of your mother and it must disclose exact measurements its boundaries with numbers of the properties.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
Anonymous
Replied 1 year ago
I agree. But she wish to have the property in her name till her life time, and after the transfer of ownership to her name, she will write a will as the property will be transferred only to her sons and not to her daughters as they are not in need of that property.
My doubt is that whether out of 5 only 4 can relinquish their share to the mother? And if so, should it be detailed., i.e, as my elder brother is not involved in this relinquishment, should we ask him for which part of the property be in his name and then move forward with relinquishment or can it be mentioned in general?
Advocate Sinjari Bandyopadhyaya
Replied 1 year ago
To specify specific portion, it is necessary to make partition in registered manner.
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