• Regarding Legal heir share distribution to other legal heirs

Hi,
Regarding share distribution among legal heirs. My mother passed away owner of the property and without a will. We are three legal heirs father, son and daughter. Father is ready to give his share 50:50 to son and daughter. So we wanted to do settlement deed of father share 50:50 before the partition between the son and daughter as he is willing to give equal share of his rights to both. We want this to be registered before in hand later we will divide the portion of property. What is the procedure for this as per law to get father willingness to register.
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

Your father should make a relinquishment deed stating that he doesn't want any share in the property.then you should file a partition suit and the property shall be partitioned between you and your sister.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your father can either gift his share equally by gift deed to you and your sister or he can relinquish his right in favour of you and your sister vide registered relinquishment deed. 

The deed needs to be registered at sub registrar office and stamp duty has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Father can execute gift deed or relinquishment deed for his one third share in property 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99873 Answers
8149 Consultations

1. In stead of settlement deed  make a mutual deed of partition wherein you can mutual deed of partition.

2. In the mutual deed of partition which is required to be registered as well the parties can relinqjuish as well divide the properties mutually .

3. Even if your father gift his 1/3rd share in your favour equally then also you and your sister would require to make a partition deed.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Your father has to execute a deed of relinquishment by means of which he forgoes his one-third share in your mother's estate in favour of your sister and yourself equally and as a result of which your sister and yourself alone shall equally share your mother's estate (on 50:50 basis), leaving out your father. All the three of you have to sign the deed and get it duly registered. You may please engage an advocate of your choice.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Hi,

In this condition, the father should write a relinquish deed and the same should be registered. Then brother and sister should do the partition of shares equally.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You need to file a suit for take direction of te court to register the same.  You can also go for partition deed or suit for partition if required

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 Consultations

your father can execute relinquishment deed, it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

  1. First you all have to register as a legal heirs of your mother's property.
  2. Later on your father can make relinquish deed on both of yours name as 50-50% share transfer and remove his name from property card.

 

 

If you need any help on how to prepare relinquish deed do call me.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

firstly you have to prepare a legal heir certificate and then your father can remove his name through a relinquishment deed duly registered,

as an alternate method, you can file suit for partition and in this way, the father will relinquish his share and property will be distributed and partitioned between you both (son-daughter)

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

Not settlement deed but release deed. Stamp duty payable.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

A family arrangement deed or a family partition deed may be drawn on the lines of agreed conditions and get it registered before the concerned registrar's office.

You can approach any document writer who will prepare the deed accordingly.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Father has to make settlement deed or gift deed to both of you.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Your father has to release his share by executing a relinquishment deed. Thereafter you and your sister can sell the property .

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

This is my response to you:

1. The father can do a release deed;

2. It is much simpler process;

3. Pay less stamp duty and nominal registration fees;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear Client 

Your father should register a relinquishment deed by which he give up his share in the property and tranfer his share equally on both your names.

Then with relinquishment deed, legal heir certificate and death Certificate of your mother  you can get share of the property registered on son and daughter name equally. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that mother has passed away without leaving any Will or would say intestate.
  2. You all will have to get the legal heir certificate from the civil court of law of your district.
  3. Then there would be partition by court itself between you all.
  4. Thereafter, your father can execute a release deed giving away his share to both of you equally an dhwt it duly registered.
  5. Then both of you can get the portions come to you separately in your names.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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