• How can legal heir renounce his share after sale of property

There was a vacant residential land in my father's name (Late) , which has been sold recently by his legal heirs ( his Wife & Son), and the sale deed is executed by both of his legal heirs.
Can the son now renounce his share of the sale proceeds (50%) to his mother, so that she can use the entire sale proceeds to purchase a new property in her name only ?
If yes , what is the procedure to be followed for the same ?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

1. Since the sale deed has already been executed by the mother and son and have also received the proceeds, the son can gift the proceeds received in favour of his mother by executing a Family Settlement Deed alongwith the gift money through DD.

2.  By this way the mother can use the entire sale proceeds to buy a new property in her name.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Son can gift his consideration share to mother through gift deed a notarised gift deed for consideration can be made from which mother can purchase the property

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

He can execute a registered relinquishment deed for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) Son can make relinquish deed on her mother name and then sell the property as per her wish.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Son can gift the 50 per cent of sale proceeds received by him to his mother 

 

2) gift deed can be executed by son 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes

Son can simply transfer his share in sale proceeds to his mother by crediting her account and showing this amount as a gift in his books of account 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

There's no question of renouncing or relinquishing his rights in the property at this stage when the property has already been sold.

However he can execute a gift deed gifting away his share in the sale proceeds or consideration amount in favor of his mother.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Let the Son make a proper Gift of his share to his mother. This will be helpful in the income tax returns too.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hello,

you may give the said amount to her as a gift and thereupon she can use the full amount to purchase a property.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

Yes, you can execute registered relinquishment deed relinquishing your share in favor of your mother and get absolved.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Client,

You can gift her that amount or can show contribution in purchase of new property in her name.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. The son is free to gift the sale proceeds to his mother.

 

2. Alternatively, the son and mother can pool their respective share of sale proceeds in a joint pool and the sale deed can be executed in favour of mother.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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