Inherited property release deed
6 months ago
My grandfather’s property inherited by his sons of which one son is my father. My father is dead and the other sons alive. My father has 3 daughters (of which I am one) and 1 son. I am ready to give release deed for my share in favour of my brother. My brother insists that my spouse and children (children are adults) should also sign - that there signature is legally required. My contention is that as I am the legal heir my signature is sufficient. Is it legally compulsory that my spouse and children sign?
A.Dear Client,
In the absence of a registered Deed of Partition executed by all the legal heirs or coparceners in compliance with an order passed in a partition suit by a competent Court in respect of an inherited/ancestral property, a deed of release or deed of relinquishment is not viable and enforceable against an undivided/unpartitioned property so far the title of individual share of the legal heirs are concerned. An ancestral property once partitioned following the Court's order ceased as self-acquired property in the hand of legal heirs/coparceners and accordingly, the owner of the said self-acquired property can transfer the right/title of his or her share to anyone that does not require consent/NOC from other legal heirs. But in case the partition of the said property is held before the demise of your father, then the deed of relinquishment requires the signatures of all the surviving legal heirs or coparceners of your deceased father to transfer its title in favour of your brother to relinquish their future claims in the property.
In the absence of a registered Deed of Partition executed by all the legal heirs or coparceners in compliance with an order passed in a partition suit by a competent Court in respect of an inherited/ancestral property, a deed of release or deed of relinquishment is not viable and enforceable against an undivided/unpartitioned property so far the title of individual share of the legal heirs are concerned. An ancestral property once partitioned following the Court's order ceased as self-acquired property in the hand of legal heirs/coparceners and accordingly, the owner of the said self-acquired property can transfer the right/title of his or her share to anyone that does not require consent/NOC from other legal heirs. But in case the partition of the said property is held before the demise of your father, then the deed of relinquishment requires the signatures of all the surviving legal heirs or coparceners of your deceased father to transfer its title in favour of your brother to relinquish their future claims in the property.
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A.Dear
Legal Heirs: If your father passed away, and you are one of his legal heirs along with your brother, you typically have a share in the ancestral property. Your brother's insistence on your spouse and children signing may be based on the belief that they may have a potential claim on the property in the future, particularly if it's being transferred within the family.
Consent of All Legal Heirs: In some cases, the consent of all legal heirs may be sought to avoid potential disputes or challenges in the future. While your signature may be sufficient from a legal perspective, obtaining the consent of your spouse and children could help ensure a smoother transfer and minimize the risk of future claims.
Regards
Legal Heirs: If your father passed away, and you are one of his legal heirs along with your brother, you typically have a share in the ancestral property. Your brother's insistence on your spouse and children signing may be based on the belief that they may have a potential claim on the property in the future, particularly if it's being transferred within the family.
Consent of All Legal Heirs: In some cases, the consent of all legal heirs may be sought to avoid potential disputes or challenges in the future. While your signature may be sufficient from a legal perspective, obtaining the consent of your spouse and children could help ensure a smoother transfer and minimize the risk of future claims.
Regards
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