Partition deed

Dear Client,
It is settled law that until and unless an undivided property is partitioned through a decree of the Court, the legal heirs/coparceners cannot be considered as the owners of their share in the said property. And unless the share of the property is registered in the name respective legal heirs following the decree passed in the partition suit, they cannot be considered registered owner of their share and cannot relinquish their share to others. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. A vested right of legal heirs cannot be waived or seized mechanically by any mode or MOU until and unless he or she relinquishes their right through a registered Deed of Relinquishment. 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 “Deed of Relinquishment,” which must be signed by all parties, witnessed by two witnesses, and shall be registered, paying the required stamp duty and registration charges, is another requirement for giving up ownership of immovable property in favour of a co-owner or legal heir. So, in the given scenario, you need to file a civil suit for declaration before the jurisdictional Civil Court seeking appropriate relief in the matter. You can alone or both female heirs can file the civil suit claiming respective shares of each heir in the said property. It is recommended to consult with an experienced property Lawyers for tailored advice and steps to navigate the matter effectively.