My father expired with 3 properties leaving my mother, sister and myself as legal heirs without any will.
• 1st property is jointly held along with 3 brothers (my uncles), this was inherited by my father and uncles from my grandfather. Myself and my sister signed Relinquishment Deed and made my mother as the owner of the same as advised by my uncles as the rental could be given to my mother.
• 2nd property was owned by my father, Myself and my sister signed Relinquishment Deed and made my mother as the owner of the same.
• 3rd property is owned and named after my mother.
My question is related to (in case no will is made by my mother)
• 1st property - What will be my legal rights to own any claim in this being grand-son and this was initially owned by my grandfather. What are the rights of any of my uncles to reject any claims made by me?
• 2nd property – What are the right of myself and my sister to claim the ownership in this?
• 3rd property – Will this be divided equally among me and my sister.
Asked 2 years ago in Property Law from New Delhi, Delhi
1) on your mother demise her share in 1st 2nd 3rd properties would devolve on you and your sister equally
2) your mother can if she so desires execute a will and bequeath her share to whom soever she do desires
1. In so far as the first property is concerned you have no right therein as you have executed a deed of relinquishment in favour of your mother. Your mother is now the exclusive owner of your deceased father's share. So you have no legal rights therein.
2. In the second property also neither you nor your sister has any share as both of you have relinquished it in favour of your mother.
3. Neither you nor your sister has any share in the third property as it is registered in your mother's favour. She may make a will and disqualify you if she desires so.
4. In the event she dies without a will the first two properties will go to the next heirs whereas the third property alone will vest equally in your sister and you.
Since relinquishment deed have been signed by you and your sister, in absence of WILL it will devolve on other legal heirs available. For the third property, it will devolve on both of you equally.