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.
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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
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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
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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
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