• Exclusion of Grandmother from Legal Heir certificate

My father passed away recently leaving behind his mother, my mother, my brother and myself as legal heirs, I am confused whether to include my grandmother as a legal heir so as not to let her other son(my uncle) and daughter(my aunt) inherit one-fourth of my father's property once she passes away or to include her as a legal heir and obtain a relinquishment/release deed, what action should I take so that she or her other children/descendants cannot stake claims on our property?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Your grandmother is one among the legal heirs of yor deceased father along with your mother, you and your siblings.

She cannot be excluded from the list of legal heirs or successor in interest to succeed the estates of your father.

She is entitled to 1/4th share in the propriety left behind by your father.

She has full rights to dispose this share of property to anyone of her choice and in any manner she may decide it to be disposed.

If she is willing to relinquish her rights in the property in your favor, she may execute a registered release deed.

Nobody can object to this act or transaction she may be ready to do it.

T Kalaiselvan
Advocate, Vellore
87952 Answers
2369 Consultations

It is advised that you give her share and get a relinquishment deed done. This will be the most appropriate method to avoid any future dispute.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

you have to include your grand mother in LHC

2) then request her to execute gift deed or relinquishment deed for her share in property

3)gift deed or Relinquishment deed should be duly stamped and registered

4) in alternative she can execute a will bequeathing her one fourth share in property in favour of your mother , your brother and you

Ajay Sethi
Advocate, Mumbai
97748 Answers
7918 Consultations

1. On the intestate demise of a Hindu male his class1 heirs are his mother, widow and children. So your grandmother being a Class1 heir has to be included in the legal heir certificate.

2. Nothing stops her though from executing a relinquishment deed of her 1/4th share.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

You can not exclude her as she is one among legal heirs.

But, You can ask her to execute Gift deed or Relinquishment deed on any of other legal heirs of your father.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

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