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
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.
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
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.
Father can execute gift deed or relinquishment deed for his one third share in property
2) it should be duly stamped and registered
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.
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.
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.
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
If you need any help on how to prepare relinquish deed do call me.
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)
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.
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
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.
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.