1) both son and daughter can execute relinquishment deed to relinquish their one third share in property
2) relinquishment deed shocks be duly stamped and registered
3) in alternative they can execute gift deed in your favour
Acquire full rights on property
Hi, I'm a widowed housewife woman and I have a son of 19 years and a daughter of 21 years. My husband passed away 8 months ago without leaving any will, leaving the house and the land we are currently staying in intestate. The land and the house was bought by my husband and so he had full rights on it. Now I know that the rights on this land and house is divided among me, my son and my daughter. But what I want to know is that what are the documents or what is it that my son and daughter has to do now so that i can acquire all the same full 100% rights that my husband had on this property so that if I make a will that only my son should get the entire 100% property with full rights after my death, it will be carried out and my daughter cannot do anything about it even if she wanted to. Also please don't take this the negative way. I love both my children equally. It's just that I will marry my daughter to a successful and capable husband, but since she doesn't like her brother much so I don't want her to cause any trouble to my son while acquiring his father's properties.
Asked 7 years ago in Property Law
Religion: Hindu
15 Answers
Hello
The property was acquired by your husband in is lifetime. All 3 of you have a share in it. You cannot take away your daughters share unless she relinquished it. She has to sign an noc stating that she has no interest in the property and she would like to give away her share to you or your son. Unless she does that......you cannot di anything. The law is clear on that.
You have to obtain a succession certificate from the district court which clearly shows the heirs.
Regards
1. On death of your husband as you know all three of you have got undivided 1/3rd share holding in the property.
2. Now if any one of you wish to become sole share holder of the property then remaining two of you need to transfer/release their respective share in favour of one of you.
3. In other words if you son and daughter so agree they can make a gift deed in your name to make you absolute owner of the property of your husband.
4. Once you so become you can during your lifetime or on your death can give this property to anyone you choose.
Since your husband died without will all of you will have equal rights on property and there is no provision by which you can become entire owner of property unless your daughter and son relinquished their right in property through relinquishment deed in favour of you. Then only you can become 100% owner of property
After the death of your Husband, if he died without a Will, then the property will devolve amongst all legal heir Widow, Son,Daughter.
We suggest you that through a lawyer prepare the Relinquishment deed and release both son and daughter legal rights from the properties,
Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his/her legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of an immovable property. As a relinquishment deed is a legal document by which a person formally gives up his claim to another person, the said deed must be systematically executed and registered as per law depending upon the needed compliances as per the statutory governance.
You have to make a relinquishment deed from your son and daughter as both are adult and can make the deed and that should be registered to get the property transfer in your name
an advocate available locally may help you in this regard
Mam your daughter can make relinquishment deed in your favour , similarly the son can make a relinquishment deed in your favour this will make you complete owner of the property. The stamp duty has to be paid and the deed needs to be registered after the deed there is no right on the property. You can dispose it on your will.
Firslty, Mam, I really appreciate the fact that you are concerned about your children future problems, so that that may be not be living in any distress.
Secondly, you all will have to get the succession certificate from the Covil Court of Law to show that you are the only legal heir of your husband.
Thirdly, This May take 3 to 4 months to get the same from the Court.
Fourthly, once you have that then file a suit for equal partition between you all three.
Fifthly, the property share which you would get then only you can decide as to what you want to do with your property.
Sixthly, if you wish you can now also make a will for your son having life interest in it for you.
1. Since Deceased had not executed any WILL for his properties, TYPICALLY all the residual legal heirs shall have EQUAL rights over the deceased's property.
2. HOWEVER, the above can be legally circumvented by executing a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the residual legal heirs, wherein the property of deceased can be reliquished only to the Wife of Deceased. ONCE this is executed then the signatories to this Deed, would have PERMANENTLY & unconditionally relinquished their rights over the deceased's property, without any exceptions whatsoever.
3. AFTER above, the wife of deceased shall have absolute Title-Ownership of the deceased's property, and THEN can Sell /Gift/ Will /Lease /Mortgage /Donate /Whatever .... to anybody, without any exceptions whatsoever.
Keep Smiling .... Hemant Agarwal
This is my response to you:
1. You will need to obtain succession certificate;
2. Then enter into a Deed of Relinquishment where your children surrender their rights to you;
3. Then you can register the same;
4. Later you can make a Will in favour of only your son and register the same;
5. Consult a local lawyer and go ahead with the process.
Dear Madam,
According to the Hindu Succession Act, 1956 provides for one share of the self acquired property of the husband to the wife as his widow that is after his death not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will.
When a person passes away without creating a Will, the property of the person is distributed as per the inheritance law applicable to the deceased person. Hence,when a person passes away without a Will, it is called intestate succession
Dear Client,
Both will have to execute release deed or gift deed on their 2/3rd share in your favor and same shall be registered at sub registrar office.
Than you will be absolute owner.
Hi,
You are suggested to approach registrar's office and get the property transferred on your name. After that you may write a will for giving the property to son.
If you desire the entire property to be transferred to your name alone then both your son and the daughter have to execute a registered release deed in your favor relinquishing their rights in the property.
After that you can mutate the revenue records and all other records to your name by which you will become an absolute owner with clear and marketable title to the property.
Subsequently you can write a will bequeathing the entire property to your son which will come into force after your lifetime.
Your daughter and the son has to execute a relinquishment deed, for you to acquired the 100% right over the property.
regards
