• Want no part in father's property

Hello,
I am a single child.Female.As mentioned by my father several times,the properties he owns will be inherited by me in future.The only thing is that I do not want any part of it.None.Is there any legal procedure to do so? Or agreement can be drafted which will clearly mention that I want no part of the inheritance whatsoever and will not challenge whom-so-ever he gives it away to?
Please help.Your advice is appreciated.
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

Till the property is not transferred to you, you cannot do any agreement but your father has this opportunity to this and dispose the property as he wish to dispose in favour of any person whome he like to pass his property during his lifetime or after his death.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Answerd by Adv kavery Anand Bangalore. Dear client.. u can meet a Lawyer In Ur area.. and ask him to draft ( Relinquishment Deed ) through this Deed u can mention that U don't want inherited property... And file in Ur area sub registrar office.

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

father can will only his self acquired property to one family member. This will not applicable to inherited property i.e. in case of ancestral property, the ancestral property will be distributed equally amongst all the successors.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can request your father to make a Will of his property in favour of a beneficiary, other than you

He can also create a trust of his property whose income can then be applied for pious purposes

Even if father makes a Will and makes you a legatee/sole beneficiary, you are always at liberty to submit the property inherited by you for charitable purposes

Even you can create a trust of the property inherited by you

Till your father is alive, you do not have any right in his property legally. So technically you cannot even make any document whereby you can release or relinquish the property to be inherited by you in future

It is very pleasing to come across a person who is not wanting to claim any right in his parents property

Majority of the queries which i answer here are from people who claim share and right in their parents property and quarrel over it

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1) you can request your father to execute will bequeathing property to orphanage , oald age , hospital etc as ytou do not want any share in said property

2) as on date you have no share in said proeprty

3) agreement at this stage does not make any sense

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

You may make a paper publication with regards to the same and as and when he passes away do not make any claim on the same.

If you do not make any claim on the property then the same will not be transferred to you.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. You may tell your father to bequeath the properties to someone else in his will. Once you are excluded from succession by your father through a bequest you will not inherit anything.

2. If your father does not make a will and exclude you from succession then just do not claim inheritance after his lifetime .

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If your father passes way without doing any paper-work, his self acquired property will devolve upon you.Just in case this happens, even you will be free to pass on this property as a donation.

During his lifetime, your father may dispose off this property in any manner as per his wish, either by donating it, selling it or bequeathing it to someone under a will.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

What is the problem inheriting father legacy ?

If you do not want ask him to execute WILL and bequeath property to some else or charity.

And if you do not want to inherit , can give it in charity.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello

No procedure as such exists but you can file an affidavit and a submit it before the registrar that you dontbwant a share and are relinquishing the same. It should be stated in the presence of 2 witnesses. A deed should be registered. This will suffice.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) If you father makes WILL and gives property to other person whomsoever he wants than your concern of asking share in it does not come in self acquired property of father.

2) If property is ancestral than you have your share in it.

3) If your father's self acquired property is there than to transfer on siblings name you can make relinquish deed and on others name gift deed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No after your receive then you can sell gift or relinquish same but at this point if father writes a will or you inherit same you have legal right over it, you can donate same for good purpose. No agreement of such nature is enforceable as he can on his wish can give property to anyone he wants

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear,

What you want than, tell your desire to your father and first you get

this and after that execute release deed in your father or anybody name.

It's simple.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

This is my response to you:

1. Ask your father to make a Will in favour of someone else;

2. You can give your NOC to him stating that you wish to not receive any claim from it;

3. Also state that if he or third party sells it you will not stake a claim and you surrender your rights, title and interest in the property.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

If your father does not have any other successor then it will pass on to you alone. If you do not want it then get it succeeded on your name after your father's demise and later on gift it to someone of your choice. This is the only option.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

You can intimate your decision to your father about this in writing and keep a copy of the same secured in your possession.

In the event of succession at a later stage, you dont make a claim for that, there is no compulsion on you to accept or inherit the same.

It is your right to get a share in his proeprty provided it is intestate, and again it is your right to reject your share for the reasons you may rely upon.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer