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Inheritance
2 months ago
My parents passed a few months back, leaving behind 2 flats. We are two siblings my other sibling doesnt want to split the share and wants to have both properties. There is no Will in existence. What are my options in auch a situation?
A.Dear Client,
When the owner of a property passes away without a will (intestate), the Hindu law of succession applies, and all surviving legal heirs are entitled to an equal share in the property.
A relinquishment deed is a legal document commonly used when a co-owner or legal heir wishes to transfer their share of the property to another co-owner or legal heir. This document can be executed with or without consideration. It's important to note that a right cannot be given up without compensation, which may come in the form of cash, goods, or a family arrangement.
For the relinquishment to be legally effective, the "Deed of Relinquishment" must be signed by all parties involved, witnessed by two witnesses, and registered. This process is a requirement for giving up ownership of immovable property in favor of a co-owner.
If your sibling agrees to the proposal, you can proceed with the execution and registration of the Deed of Relinquishment. It is advisable to have the deed well-drafted by an experienced professional to avoid any future legal consequences.
Additionally, as a co-owner and legal heir of the undivided property, you have the option to file a civil suit for partition before a competent court. This suit seeks a decree of partition to obtain an individual share in the property, allowing you to dispose of your share independently.
Both options—relinquishment and partition—have legal implications, and it's recommended to consult with a legal professional to ensure that the chosen approach aligns with your specific circumstances and objectives.
When the owner of a property passes away without a will (intestate), the Hindu law of succession applies, and all surviving legal heirs are entitled to an equal share in the property.
A relinquishment deed is a legal document commonly used when a co-owner or legal heir wishes to transfer their share of the property to another co-owner or legal heir. This document can be executed with or without consideration. It's important to note that a right cannot be given up without compensation, which may come in the form of cash, goods, or a family arrangement.
For the relinquishment to be legally effective, the "Deed of Relinquishment" must be signed by all parties involved, witnessed by two witnesses, and registered. This process is a requirement for giving up ownership of immovable property in favor of a co-owner.
If your sibling agrees to the proposal, you can proceed with the execution and registration of the Deed of Relinquishment. It is advisable to have the deed well-drafted by an experienced professional to avoid any future legal consequences.
Additionally, as a co-owner and legal heir of the undivided property, you have the option to file a civil suit for partition before a competent court. This suit seeks a decree of partition to obtain an individual share in the property, allowing you to dispose of your share independently.
Both options—relinquishment and partition—have legal implications, and it's recommended to consult with a legal professional to ensure that the chosen approach aligns with your specific circumstances and objectives.
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A.Dear Client,
When the owner of the property passes away intestate, i.e, without a Will, all the surviving legal heirs of the deceased owner are entitled to an equal share in the said property following the Hindu law of succession. 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. A right cannot be given up without compensation; this compensation may take the shape of cash, a trade in goods, or a family arrangement. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. If your sibling agrees with your proposal, you can go ahead with the execution and registration of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences. Apart from this, you being the co-owner and legal heir of the undivided property can file a civil suit for partition of the undivided property before a competent Court seeking a decree of partition to obtain an individual share in the property to dispose of their share.
When the owner of the property passes away intestate, i.e, without a Will, all the surviving legal heirs of the deceased owner are entitled to an equal share in the said property following the Hindu law of succession. 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. A right cannot be given up without compensation; this compensation may take the shape of cash, a trade in goods, or a family arrangement. The “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and registered, is another requirement for giving up ownership of immovable property in favour of a co-owner. If your sibling agrees with your proposal, you can go ahead with the execution and registration of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences. Apart from this, you being the co-owner and legal heir of the undivided property can file a civil suit for partition of the undivided property before a competent Court seeking a decree of partition to obtain an individual share in the property to dispose of their share.
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