I am joint owner of property with my mother... mother is dead now I am joint owner of property with my mother... mother is dead now

1 month ago

I am joint owner of property with my mother... mother is dead now. What is to be done.

Anik

Responded 1 month ago

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A.Dear Client,

If a co-owner of the property died intestate (without a will), the surviving legal heirs, including you, are entitled to an equal share in the property. To transfer the ownership of the property in favor of the surviving co-owner, all the legal heirs must execute a deed of relinquishment in favor of the surviving co-owner, relinquishing their rights to the property.

A relinquishment deed is a legal document used to transfer ownership of a property from one person to another, commonly employed in cases where a co-owner or legal heir wishes to transfer their share of the property. This deed can be executed either for consideration or without consideration. The act of giving up one's rights and claims in a part of a property in favor of another is known as relinquishing rights. Compensation for relinquishing rights can take the form of cash, trade in goods, or a family arrangement.

The Deed of Relinquishment must be signed by all parties involved, witnessed by two witnesses, and registered. This legal document is a requirement for giving up ownership of immovable property in favor of a co-owner.

If the legal heirs agree with your proposal, you can proceed with the execution of a Deed of Relinquishment. It is advisable to have this document well-drafted by an experienced professional to avoid any potential future legal consequences. Legal advice and assistance in drafting and executing such documents can help ensure a smooth and legally sound process.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
If the co-owner of the property died intestate, i.e, without any will, then her/his surviving legal heirs get an equal share in the said property including you. To transfer the ownership of the property in favor of surviving co-owner, all the legal heris have to execute a deed of relinquishment in favour of the surviving co-owner giving up their right to the said property. 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. The act of giving up one’s rights and claims in a part of a property in favour of another is referred to as relinquishing rights. 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 the legal heirs agree with your proposal, you can go ahead with the execution of a Deed of Relinquishment which needs to be well-drafted by an experienced professional to avoid any future consequences. Reach out to an experienced property lawyer for guidance and steps
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Vidhi Samaadhaan Vidhi Samaadhaan

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