• Right for selling the property

In our family, we are three brothers and four sisters. All the sisters are unmarried. Our father had purchased land measuring 22 cents having a house in 1952 partly out of the proceeds of the ancestral property he had sold earlier and partly out of his earnings. Our mother died in 1964. Subsequently father died in 1979. In 1992 all the brothers and sisters joined and sold 9.60 cents of lands leaving us the possession of 12.40 cents.
The eldest of the brothers executed a release deed in 1994 for a consideration of 1 lakh contributed by the remaining brothers and sisters equally. While executing the release deed; he had mentioned that he does not want to continue the co-ownership. Subsequently, he expired in the year 2010.
There after, 2 of the unmarried sisters died in 2011 and 2014 without executing a will.
Now, we want to sell the property. 
Kindly let us know, whether we the remaining brothers and sisters can sell the property on our own or whether the heirs of the deceased brother who had executed the release deed has a share in the property and their consent is to be obtained
Asked 2 years ago in Property Law from MANGALORE, Karnataka
Religion: Hindu

Heirs of deceased brother have no share in property

2) on demise of sisters surviving siblings woukd only have share in property

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Dear Sir,

Release deed executed by deceased father is binding on his legal heirs. For the said reason you need not complicate the matter by asking legal heirs of your brother to give consent for sale.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

For selling the property your require the consent, release deed, noc of all the legal heirs without the same issue can be cropped later in the said case. if the said individual is a legal heir to the said property his consent is required.

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

In your case you need not to sahre the revenue property revenue to decesed brother since released deed is executed with INR 100,000 as a share.

If you sell the property now you need to share only with remaining brothers and sisiters.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

1. The remaining 2 brothers and 2 sisters have to share the proceeds to the deceased brother'S family consisting of wife and children.

2. Eventhough the deceased brother had executed a Release Deed way back in 1994 for the entire property at that point of time and in view of the intestate death of your 2 unmarried Sisters subsequently, the deceased Sisters' share will equally devolve into the 3 brothers and 2 surviving unmarried Sisters. Since one of the brothers is dead, his share in the property shall devolve equally to his wife and child/children.

3. So it is necessary to obtain permission of your deceased brother's family members consisting of his wife and child/children, as the case may be, have to be sought.

Shashidhar S. Sastry
Advocate, Bangalore
2618 Answers
161 Consultations

5.0 on 5.0

Once release deed is executed by brother he has no share in property

Further brother death occurred before that of sister abd hence his legal heirs have no share in property

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

1. The eldest brother had executed the release deed in 1994. So he ceased to have any share, hence his legal heirs cannot claim succession to any share.

2. After the demise of unmarried sisters their share devolved on the 4 surviving siblings. Hence, the surviving co-owners are free to sell the property by executing a sale deed.

3. No consent is required from the legal heirs of the deceased brother as no share devolved on them after the execution of release deed.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

Dear Sir,

Yes I understood, I referred the word "father" means your brother who executed the release deed. That is deceased father of his children. Thus you need not ask the legal heirs your deceased brother to given consent.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

yes the remaining brothers and sisters and the legal heirs of the deceased sisters are entitled to the land

the deceased brother who had executed a release deed in his lifetime gave up all his right in the land and consequently his legal heirs have no right in the land now

Yusuf Rampurawala
Advocate, Mumbai
5105 Answers
31 Consultations

5.0 on 5.0

The consent of the legal heir is required for their share in deceased sisters property if an unmarried women dies intestate then her property is vested in heirs of her father in that case in the share of the deceased sister heirs of deceased brother who made release deed shall have share of their father so their consent for that she is required.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

For the deceased sisters following rules shall apply that is why the consent of the legl heirs of the brother is required.

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section

(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

15. General rules of succession in the case of female Hindus.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father;

In the case referred by you, it appears that you are confused by mingling your brother's share in the property to that of your deceased sisters.

You must understand the fact that your deceased brother has executed a registered release deed in respect of the share of properties that he is entitled to out of your father's properties.

Your deceased brother has not relinquished his relationship with his siblings in any manner by the above said release deed.

That is to say that he still remains brother of the deceased sisters even though he has relinquished his rights to his rightful share in the father's properties.

The relationship by birth cannot be relinquished by any law.

Therefore on the basis of his relationship with his sisters, he is also entitled to a share in their properties if they are reported to have died intestate at par with his other other siblings, as if he were alive.

Therefore his share out of his sister's share in your father's properties has nothing to do with his relinquishment of his rights of his own share out of your father's properties.

The law is very clear that the share of the property of the daughter which was inherited by her from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father;

Your deceased brother is one of the legal heirs of her father like you, hence in his absence that share to which he is entitled from his sister's share shall devolve on his own legal heirs.

Therefore the surviving siblings of the deceased sisters cannot sell or dispose the share of the properties that devolved on the deceased sisters without the consent or permission or without involving the legal heirs of the deceased brother.

You should not get confused by mingling all the subjects together.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

The position of law in this regard has been explained properly in my previous post, however it is upto you to seek opinions from more lawyers, but you may decide judiciously.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Hi,

The persons who released the dead has no share and they can't claim their share in property. They are not required to sign the it now.

Ganesh Singh
Advocate, NEW DELHI
4398 Answers
9 Consultations

4.5 on 5.0

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