Yes. Adeed of family settlement can be executed between you and your brother which needs to be mandatorily registered after payment of stamp duty.
Can a part of inheritance be relinquished or one has to relinquish his/her entire share
My mother left behind a four storeyed house. One floor and part of ground and second floor was sold by her during her life time. She is survived by one daughter and two sons. I am youngest son. My sister has relinquished her 1/3rd share in my favour, making my share 2/3rd in this property Query: 1. Can I relinquish my rights of ONLY one floor of property to my brother and keep the rest for myself. 2. Can my brother release a part of other floor in my favour and keep rest.
Asked 5 years ago in Property Law
Religion: Sikh
22 Answers
How can I get title deed registered in my name on the basis of family settlement
Asked 5 years ago
You would need letters of administration from court in case your mother has not left any will behind.
Based on the registered family did of settlement and letter of administration received from the court you can get the title transferred in your name.
1. See you can make an family settlement in that you can relinquish your share over one floor in favour of brother and brother can release his share in one and accordingly you can get the deed registered and pay stamp duty.
The family settlement can be registered and the flats/floor can be transferred in same
1.On death of your mother her property is liable for division among 3 of you in equal undivided share and hence any of you can relinquish your respective share in favour of another by way of deed of gift or deed of release.
2. So there is no restraint on the part of your brother and sister to transfer their 2/3rd share each in your favour to make you absolute owner of the property left by your mother and on the basis of these deeds you can apply for mutation in your name.
3. if they make the gift deed there is no need for separate family deed of settlement.
Part can be relinquished.
Registration is done in sub registrar's office .Can follow the process for same
Yes you can reliquish your rights in part or full similarly your brother can also do.
Yes, you can do so. You need to take the declaration from the court and then you can relinquish your share in name of any family member. For detailed discussion you can contact us.
Regards Akash gupta advocate.
The property is not divided
So you cannot relinquish specific portions
Both brothers can however mutually partition the property among themselves by executing a partition deed and then execute and register release deeds in favour of each other as agreed in partition deed
You can execute transfer deeds in favour of the other parties and/ or relinquishment deed for your properties in favour of the other
Yes you can relinquish the part and get a Registered relinquishment deed executed for the same. There is no hassles in the same
Settlement can be registered contact any local property lawyer he can help you in this issue.
- As per the information mentioned in the present query, makes it clear that as now your koywrbis no more and she has not even left any Will for the property leafy with her after selling part of it.
- You all will have to get the succession certificate form the court of law and then can go for the partition in the basis of the mutual agreement of otherwise by court of law.
- Any one who wishes to transfer her share in the property then he or she would have to relinquish her right in favour of the other through registered relinquishment deed.
- Then other one can get it registered on his or her name with the help of R deed and succession certificate.
Rest, if you like my answer then can contact me rough Kaanoon for further any legal assistance on this issue.
Sir
As there is no specific share allotted to anyone the best way is to proceed through a family settlement and can divide the shares in whatever manner you want.
The same can be registered after depositing the stamp duty on the property with the local sub-registrar.
your Sister can execute relinquishment deed to relinquish her share in property . Deed of relinquishment should be duly stamped and registered
2) you can enter into partition deed to partition house between you and your brother . It should be duly stamped and registered
On basis of partition deed or deed of family settlement apply for mutation of part of floor of house in your favour
1) Yes, first you can make relinquish deed and later proper sharing floor wise partition deed accordingly your wish. Get registered both the deeds in revenue department than the title of ownership will be on your name.
The answer to both of your queries is Yes but go in registered FAMILY SETTLEMENT duly signed by all the siblings and father also if survived.
1. Under the circumstances and achieve your objectives, a registered Family Settlement Deed, with mutual signatures, can be executed, clearly outlining the division or exchange or allotment of properties. This will create a record for future legitimate sale /gift /transfer /mortgage /whatever.
2. Based on the Family Settlement Deed, apply to the mutation authorities (local civic body /tahsildar office) for change in records and mutations.
Keep Smiling .... Hemant Agarwal
Dear Sir,
You and your brother can as proposed provided there is no ambiguity about the measurement of the area and all other related issues. Family settlement document may be produced before concerned authority and they will act upon settlement deed and if nobody objects the property will be transferred in your name.
1. Yes, you can very well relinquish a part of the the property in your possession by executing a registered release deed in his favor particularly to that portion with clear mention about the extent.
2. Yes.
Once the family settlement deed is registered you will automatically get the proeprty registered on your name with regard to the property allotted to you.