• Ancestors property settlement

I have some ancestors property. I am only one son and three sisters. My father is no more. I want to settle with my sisters legally. Each of my sister demanding some amount and remaining is mine. After settling with my sisters, what legal procedure to be followed, so that they can not claim again. Please advise..
Asked 2 years ago in Property Law
Religion: Hindu

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22 Answers

See you along your sister and mother (if alive) can enter into a registered family settlement deed wherein your sisters shall accept the amount in lieu of the property and shall relinquish there rights over same. Thereafter once the deed is registered then sisters cannot claim property,

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

Hi,

The best method is to do mutual settlement and with an agreement to restrain every one of no interference. If mutual settlement not possible, go for suit of declaration, division and permanent injunction. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

There must be movable and immovable property left. All the siblings will have an equal share. Therefore divide the immovable property as per either a family arrangement or file a partition suit.

As far as cash is concerned divide the cash and sign an affidavit that the cash has been distributed and has been divided equally. The affidavit has to be signed by all in front of 2 witnesses and registrar.

Regards 

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Hello,

they will have to file a relinquishment deed after obtaining the money for the share belonging to them. 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

Ask your sisters to sign a relinquishment deed in your favor & also mention the amount they are receiving in lieu of giving up their shares.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Execute a relinquishment deed .

The stamp duty is payable on the value of the area as per the circle rate. It will be payable on the market value of the  Relinquished share. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

Deed of family settlement should be entered into 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1) First of all, your all siblings and your name should appear on mutation papers.

 

2) To save stamp duty you have to make relinquish deed and pay sum consideration to all sisters and take their all rights transfer on your name.

 

3) If you want I can prepare relinquish deed for you at reasonable rates.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

Your sister presence is necessary for sale of property 

 

2) they can execute registered POA in your favour to sell the property if they are unable to attend sub registrar office 

 

3) local Lawyer will draft deed of relinquishment wherein sisters relinquish their share in property 

 

4) it has to be stamped and registered 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Dear sir,

In order to avoid any possible opposition and unpleasant situation, please wait for selling the property. First get the relinquish deed made and then proceed hassle free. The relinquish deed requires mentioning of all the properties description, the rights of persons and relinquishing of rights by someone. It should be duly stamped and registered with registrar office.

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

1. Yes either sister can give power of attorney for there share or there personal presence is required.

2. For relinquishment deed the deed need to be prepared for there share , stamp duty need to be paid and the deed needs to be registered with the jursidictional sub registrar office.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

1) Without relinquish deed you need their presence 

 

2) Engage an advocate, he will do the needful

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1) Yes, before relinquish deed if you want to sell property than your sisters signature are important.

 

2) First you have to registered all siblings name on mutation documents and than prepare relinquish deed and get registered with registrar.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

If your sisters execute relinquishment deed then you can sell it without presence of your sisters. 

Once the deed is prepared on a stamp paper, it is submitted before sub-registrar of assurances within whose jurisdiction the property is situated for registration along with a registration fee which varies from state to state. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

A relinquishment deed is required from those persons who are heirs and do not wish to have a share in the property. A relinquishment deed is to be signed by such persons separately before the sub registrar and 2 witnesses are required for each deed. If the deed is obtained they are not required to be present.it is made in the registrar office and you should engage a lawyer for this.

Regards 

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you want to settle the matter with your sister after giving some lim sum amount to them in lieu of their shares.
  2. Yes, they all will have to execute a single relinquishment deed (if they all want to save some money, otherwise they can go for separate deed also) wherein they would say/ release their share to you for the amount.
  3. Once you get the release deed then you will have to approach the civil court of law of your district for getting the successsion certificate along with the copy of the release deed. So, that sisters would not be asked to give the NOC.
  4. Thereafter, at the time of selling the property, they need not to be there before the registrar’s office.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

A deed of relinquishment can be executed by the sisters in your favour 

this has to be stamped and registered

this deed will bind your sisters so that they do not claim any right or share in future

you cannot sell the property before settling your sisters and without their noc

Yusuf Rampurawala
Advocate, Mumbai
5977 Answers
46 Consultations

5.0 on 5.0

1. All of you shall have to register a settlement deed  clearly detailing the settl;ement terms and amount.

 

2. After the said deed is registered and the terms are complied with, your said sisters will not be able to claim their share of the properties again.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

1. In relinqushment deed, no question of claiming any amount can be made The ideal should be3 settlement deed where tyhe terms of the settlement can be dewtailed. After the property is settled in your favour, you can sell the same and at that time thre will be no need of your sisters presence.

 

2. Your sisters shall have to registeer the relinquishment deed before the Registrar. In case of settlement deed, all of you shall have to register it before the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
25165 Answers
726 Consultations

5.0 on 5.0

You can execute Registered relinquishment deed from them and mutuate the property in your name

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

You can ask them to execute a registered release deed relinquishing their rights in the properties in favor of you.

This will take care of all other issues.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Without relinquishment deed you cannot sell the property independently.

You can approach a deed writer in the local who will guide you properly.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

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