• Property rights

My Dad died without a will in 2012. He jointly owned a residential property in Delhi (constructed through his own funds) along with my Mom. I now want to understand the following points

1. Does my Mom become the complete owner of this property or does this property legally gets divided in to 4 shares (My mother and her 3 children meaning 25% each.)

2. If the 3 children have legal rights over this property does it mean that from their respective share (25% each) their respective spouse can lay any claim on this in case of a divorce.

 3.If the 3 children have legal rights over this property does it mean that from their respective share (25% each) they can enter into a agreement and transfer complete and 100 % right to my mother.

Do let me know if you need any further details to answer these questions
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

One father demise his 50 per cent share in property would devolve on your mother and 3 children

2) your mother is not absolute owner of the property

3) spouses cannot lay claim on the share of children in event of divorce

4) spouses only can claim right to stay in their matrimonial home

4) children can relinquish their share in property or gift their share to mother

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Since your father has died intestate, his 50 percent share would devolve equally to your mother and your siblings in the ratio of 25 percent each. Your mother shall hold 75 percent share in the property and will not be a absolute owner of the property.

2. In case of Divorce, the respective spouses cannot claim right over the property.

3. The 3 children can execute a Release Deed relinquishing their rights over the property in favour of their mother which enables your mother to become Absolute Owner of the property (100 percent).

Shashidhar S. Sastry
Advocate, Bangalore
5175 Answers
315 Consultations

5.0 on 5.0

Gift deed or relinquishment deed is required to be duly stamped and registered

2) you need to get it drafted by local lawyer

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Yes, you can release your respective sahre by way of deed of gift or deed of relinquishment.

The said deed would not be in writing but it requires registration on payment of stamp duty and registration fees.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. All the 3 siblings have to relinquish your rights in the property in favour of your mother by executing a Release Deed in the jurisdictional Sub-Registrar's Office.

2. You can search the web to find out the format.

Shashidhar S. Sastry
Advocate, Bangalore
5175 Answers
315 Consultations

5.0 on 5.0

1. Does my Mom become the complete owner of this property or does this property legally gets divided in to 4 shares (My mother and her 3 children meaning 25% each.)

Your mother is the owner of the half of the property and the balance half property shall devolve equally on all the legal heirs of your deceased father which includes your mother also.

2. If the 3 children have legal rights over this property does it mean that from their respective share (25% each) their respective spouse can lay any claim on this in case of a divorce.

The 3 children have rights in their deceased father's 50% share in the property along with their mother. Therefore the children will actually have 12.5% share in the property.

Their wards or spouses cannot claim any share from that during their lifetime.

3.If the 3 children have legal rights over this property does it mean that from their respective share (25% each) they can enter into a agreement and transfer complete and 100 % right to my mother.

The children can execute a registered release deed in favor of their mother relinquishing their rights in the property.

This will make their mother an absolute owner of the property.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

thanks just to continue on the same thread if 3 of us (siblings) need to gift or relinquish our rights to our mother for our share does it need to be agreement in writing etc. Is there any particular template or format

The registered release deed shall be in writing and it becomes a registered document once it is executed and registered.

A document writer in the local shall be able to draft the proper release deed.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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