succession of relinquished property
8 months ago
Respected advocates,
We are family of three - my mother , me and my younger brother. lost my father in 2003. Executed family partition deed with my father’s elder brother, where we three became joint (1/3 each) owners of a property. Along with family partition deed, as per my father’s and grandfather’s wish of giving same property to my mother 100%, we both brothers relinquished rights in name of my mother. That relinquishment deed had a sentence “ Me and my brother and our successors have no right of any kind on the said property.” Can we get the same property back when mother dies with or without will as legal heirs or we just lost succession rights due to poor drafting/our limited understanding at that time.
The effect of the relinquishment deed executed by you and your brother in favour of your mother seizes on the demise of your mother leaving no testamentary document(Will) and by virtue of Hindu law of inheritance, all the surviving legal heirs including you and your brother's successors are entitled to an equal share on the said property.
When the person dies intestate, the relinquishment deed transfers ownership. After her death, the said property will devolve upon you and your brother, having 1/2 share each.
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