We were a family of four - My father,my mother & their 2 unmarried sons.My father died intestate a few days back without leaving a will.According to The Hindu Succession act, we 3 i.e.me,my brother and my mother have 1/3rd share each,of each of the 2 properties(situated in New Delhi) which were in my father's name. My question is, that, can me and my bother make Relinquishment deeds in my mother's favour as of today,so that she becomes the sole owner of the 2 said properties? My second question is, that suppose if we do relinquish our ownership rights in the said 2 properties, will we both, me and my brother be considered the legal heirs of the 2 said properties after my mother's death in future. Just to clarify,the reason we want to relinquish our rights as on date is that the 2 said properties will be leased and my mother being a housewife will have less tax liability compared to us bothers who are earning members. thanks a lot.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) you and your brother can execute relinquishment deed
2( your mother would then be absolute owner of property
3) in case your mother dies intestate you and your brother would be the legal heirs
4) mother can by wil bequeath property to whom so ever she pleases
Yes, absolutely and it is a very good practice of letting your mother be the sole ownership of the property.
I really appreciate your step.
God Bless You...!
1. Yes, both of you can make relinquishment or gift deed in favour of your transferring your respective 1/3rd shares in her name.
2.once that is done your mother becomes absolute or sole owner of the proeprty left by your father.
3 All the income generated in the account of a person is amenable to Income Tax. her status as housewife entitled her t get exemption in basic slab of income but not beyond that.
You 3 are the equal right owners in the property left behind by your father.
You both brothers can execute relinquishment deed in favour of your mother, under that circumstances your mother becomes a absolute solo owner of the property to deal with it any way she wishes.
In the future after your mother you both being the only legal heirs inherits the property with equal right.
Yes, even after her death, the said 2 properties will devolve upon you and your brother, having 1/2 share each.
Hi, the relinquishment deed or gift deed can be made in favour of your mother .. After her demise , you two will be the legal heirs to the property ..
Yes you can relinquish the share in your mothers name.
Make a mention in the relinquishment deed that you do not give upon the share that will be devolved upon you two after mothers death.
This is just inserted to make it clear.
Regards
Can you and your bother make Relinquishment deeds in your mother's favour as of today,so that she becomes the sole owner of the 2 said properties?
Ans. Yes, you both can jointly relinquish your share in the said 2 properties. Make separate RD for each property.
Your second question is, that suppose if you do relinquish your ownership rights in the said 2 properties, will you both, you and your brother be considered the legal heirs of the 2 said properties after your mother's death in future.
Ans. Yes, you both will be considered as LRs of your mother after her deth.
The reason you want to relinquish your rights as on date is that the 2 said properties will be leased and you mother being a housewife will have less tax liability compared to you bothers who are earning members.
It is clarified that the reason is justified.
Dear Client,
My question is, that, can me and my bother make Relinquishment deeds in my mother's favour as of today,so that she becomes the sole owner of the 2 said properties? Yes, permissible in law .
My second question is, that suppose if we do relinquish our ownership rights in the said 2 properties, will we both, me and my brother be considered the legal heirs of the 2 said properties after my mother's death in future. -
Yes, property of female dying intestate devolve in her son, daughter and husband,
if you two relinquish the right of properties in favour of your mother, after her death you two will regain the same as you are relinquishing your right in favour of your mother. obviously in her absence you will regain it.
in the way around you may relinquish your right for the life time of your mother, in that event there will be no problem to you to get back the right after her demise.
Since this property devolves equally on all the three legal heirs of your father, if you and your brother are desirous of relinquishing your rights in the property in favor of your mother, you both can execute a joint registered release deed in her favor, then she will become the absolute owner.
Once she becomes the absolute owner of the property, she has the right to dispose the property in any manner and to anyone of her choice or desire.
No doubt if she dies intestate then yo both shall become her own legal heirs to inherit the property equally
