• How to renounce my claim

My father( deceased in 2000) had made a will for the home that he had built in Bangalore Karnataka. We are three brothers & 4 sisters. Mother is alive. The will (not registered) gave the older son the main house & second son the second house(adjacent to the main house). They are enjoying the blessings. I the third son was given rights to construct on the open roof area. Sisters are not mentioned in the will.I have not constructed anything.The will states upon the sale of the property I am to get 30% of the proceeds. Owing to so many conflicts between those two brothers, I have come to a decision to give up my claim to the property. I live outside of India & would like to know 1) how can I renounce my claim 2) Does this need to be done in person?3) How many days of work is involved if I need to show up in person? 4) What are my expenses to finish this 5) What information or documents do I need for this process?
Thanks
Asked 6 years ago in Property Law
Religion: Hindu

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23 Answers

1. Make a registered relinquish deed in favor of your brothers for your share.

2.you can send a registered power of attorney for the purposes. Notariesed and registered in US and with indian consulate in embassy in US and shall be validated here in india with SDM/DM.

3.if you show up In person and prepare documents in advance its one day visit to tehsildar/ sub registrar office for registration.

4. You to pay a stamp duty according to value of property and state In.which land is there and registration charges. Stamp duty is differrent in every state in some state only 500/200 stamp paper is required.

5. You need your identification proof, the document conferring title/share on your name along with photographs.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can execute relinquishment deed to relinquish your share in the property

2) RD should be duly stamped and registered

3) if you are not able to come to India execute POA in favour of family member to execute RD on your behalf

4) POA should be attested before Indian consulate

5) legal fees vary depending upon the Lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

1) There are two-three ways how you would like to give up.

2) If you want to relinquish property among your brothers, sister or in mother name and take consideration from them.

3) Or you want to gift the property among your siblings.

4) You want to sell property to outsiders that is 3rd party.

5) If you want to sell the property than you can come to India and finalized the deal or you can make POA in favor of any family member and sale the property.

6) Or you can give property for development to construct on building your share and make joint venture agreement take it 50-50% share. So you will get constructed part.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can get a relinquishment deed executed in favour of your brothers. The same has to be registered before sub registrar. In case you are unable to come you can give a power of attorney to any of your family member to execute deed on your behalf. Charges will be as per government rates and also on lawyer engaged by you or deed writer engaged by you can get your work done.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

1) how can I renounce my claim

By Relinquishment Deed you need to relinquish your rights.

2) Does this need to be done in person?

Yes. But if you can sign the document prepared by us is sufficient manage the show.

3) How many days of work is involved if I need to show up in person?

one hour work or a day max.

4) What are my expenses to finish this

Rs 10,000/- to 30,000/-. Depends on the verification of title papers.

5) What information or documents do I need for this process?

Needs the will copy, family tree, property papers and settlement deed if any.

Feel free to reach to help you out in this.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Dear Sir

This is very simple way to do is you declare to them that I will relinquish my rights over the property. They start running over it.

Unless we have title documents and Will it is very difficult to state with identification of property. If you can share at least where the property or apartment details or anything you have with their full name and details we will try to find the details [deleted]. We will help you out.

But why do you want to fall in that mess unless they are requesting. Once we get the details we will discuss on this.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

1) you can take search in sub registrar office and obtain copy of the sale deed for purchase of property by your father

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

Get certified copies of documents from the local sub-Registrar office/tehsildar. Make relinquish deed in favour of agreeing brother, be will agree as he is getting your.share of property make the relinquish deed in his favor.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) Directly sell property to 3rd party is real estate agent of your residential address. And inform you back ground and family history.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. You can renounce the right bequeathed to you under your father's will by means of a relinquishment deed.

2. Not really. You could give a POA to family member/close friend to do the needful for you.

3. Just a days work.

4. This will vary from lawyer to lawyer.

5. Your father's will.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You do not even have a copy of this will?

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1) how can I renounce my claim

Ans: Your decision is appreciable. You just execute Release Deed and get it registered thus you can relinquish all your rights over the properties left by your father.

2) Does this need to be done in person?

Ans: Yes, it has to be done in person only.

3) How many days of work is involved if I need to show up in person?

Ans: First get draft Release Deed and approve it thereafter come over to India and the work will be completed within 24 hours.

4) What are my expenses to finish this

Ans: Apart from Government registration charges you are required to pay advocate fees which depends upon the advocate which you select which ranges between Rs. 50,000 to few lakhs which includes drafting and registration (Not including Government Fee).

5) What information or documents do I need for this process?

Ans: All property records, copy of Will or original Will, family genealogy/heirship certificate, death certificate of your father and others and Id proof of yourself.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

If you want you can apply for certified copy from sub registrar office if it is registered will and title papers you can get it from local corporation office. Please note that these copies will be certified copies.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. By executing a Release/ Relinquishment Deed, relinquishing your share in the property in favour of your brother/s.

2. Alternatively you can gift your share of the property in favour of anyone, including your brothers and sisters by executing a registered Gift Deed.

3. Since you live outside India and to renounce your share in the property in favour of anyone, you can appoint an Attorney to carry out the work on your behalf and to represent you in all the concerned Government offices by your executing a Power of Attorney in favour of the attorney.

4. Maximum time required is one or two working days.

5. Copies of Mother Deed, WILL, Khata and latest tax paid receipts are needed to prepare either the Release or Gift Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Simply make a Gift Deed of the property in favor of those you want to renounce the share of property in reference to the will made by your father. The gift holder will get the transfer done by payment of stamp duty required. Please get your deed verified by the embassy of India in the country you live.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. The rights can be renounced by you in favour of all or any single heir to your father. You may execute a release deed in favour of any of your siblings or all your siblings or even your mother. To this end a registered release deed will have to be executed by you in the office of sub-registrar.

2. Since you are not based in India you may execute a GPA in favour of any blood relative to authorise him to execute the release deed for and on your behalf. The said GPA will have to be attested before the Indian Consulate. You do not require access to the title deeds to be able to execute the release deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can register a Relinquishment Deed duly relinquishing your share of the property which has been willed by your late father in your favour.

2. You can register the said deed during your next visit or get it registered before the appropriate officer of local Indian consulate after getting the typed Relinquishment Deed prepared by an Indian lawyer. You shall have to pay the registration fee applicable on it.

3. The expenses will be within Rs.50 K to Rs.60 K excluding the Registration fee to be paid at actuals to the Government.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. First thing is that unless the will is probated by the Court, it has no value more than a scrap paper.

2. So, you can defer your plan of the said relinquishment till the said will is probated.

3. Unless the will is probated, all the children of your father shall have equal right on your late father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Since you are given rights to construct a structure over a roof, that too it is made as a bequest in the will, remaining silence about it without initiating any steps to enforce the bequest will automatically get you relieved from the claim for property.

You can orally inform the other beneficiary about this.

If you still insist on a written document then you can either execute a registered release deed relinquishing your rights in favor of the other beneficiary.

This formality can be completed within a day.

The stamp duty and registration charges may be enquired locally.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You can remain silent about the will and remain outside without making any claim.

It is purely your own will and wish to avail the benefits of the will or to ignore it totally.

There is no compulsion on you.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. You may make a relinquishment deed and relinquish your share

2. your presence will be required

3. 1 day work in the registrar office

4. around 15k to 30k

5. the detail of the will and the detail of your share

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

there happens to be no need for you to have the details of the property.

the same can be done without it also

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Execute a Power of Attorney(POA), before the Foreign /Indian counselate in favor of a Friend /Brother /Sister/ whoever, and direct the POA holder, to do what you wish to do with the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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