• Legal succession of property

We have two property in name of Grandfather and grandmother.
They are both not with us anymore.

We have four legal heirs of these property. I need to get all the details for legal papers for surrender of share by other members to one single legal heir.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

See firstly all legal heirs need to get legal heir certificate and then mutate the property in record in favor of all the legal heirs. The the parties wishing to relinquish there share in favor of one legal heir can make a registered gift or relinquishment deed for there share. Stamp duty on same is applicable and deed needs to be registered before the sub-registrar office. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Firstly, all the legal heirs will have to apply for grant of letters of administration of your grandparents to be declared as the legal heirs.

Agter that all the other legal heirs of your grandparents can execute a gift or relinquishment deed in favour of any of the member giving away their rights in the property to that person.

The said deed  needs to be mandatorily registered at Sub Registrar office after payment of requisite stamp duty for registration. 

Further, the registration needs to be done in the presence of two witnesses who have to sign in the presence of the sub registrar. In fact, all the parties have to sign before the sub registrar only. 

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) relinquishment deed can be executed by other legal heirs to relinquish their share in property 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

The legal heirs who do not wish to inherit their share in these propeties, will have to relinquish their claim by way of executing a deed of relinquishment, in favour of the remaining legal heirs.

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

2 release deed will execute by 3 heirs in favor of 4th and all the original documents from the origin of property will deliver to 4th heir.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

1.  "ALL"  the residual legal heirs (3+1) of deceased Grand Parents can JOINTLY with mutual signatures, execute a Registered "Release Deed",  perpetually releasing their rights /claims, of their share to one single heir, without any monetary consideration.

2. Above process shall confer absolute Title-Ownership of the deceased's property to the "one single Heir", for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....  without any legal reference or requirement of any other documentations.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You have to get Relinquishment Deeds in favour of one by other share holders. The RD is to be drawn on a stamp paper of 100 Rs and got to be registered. 

In order to save un-necessary expenses by you, I will suggest that you visit the office of sub- registrar of area in whose jurisdiction the properties are located and see a document writer . There are plenty around that office. He will prepare the RD's and shall get the same registered in a nominal cost. 

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

1. a relinquishment deed can do the needful,

2. you can get executed a relinquishment deed in favour of one person,

3. through the said deed, property can be transferred in the name of beneficiary,

  

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

The question of legal heirs will arise only after their demise and not during their lifetime.

Hence you cannot  carryout the task desired by you.

In fact you cannot get the property to your name even after their lifetime as a grandson/daughter, because your father and his siblings are the legal heirs to succeed to their properties, hence you first ascertain the position and then think of any action to be taken on this as per law.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

All the members can relinquish their share to the single member by executing registered Relinquishment deed

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. If 3 heirs are ready and willing to transfer their share to one heir then they have to execute a release deed in favour of the latter.

2. The deed has to be registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can check the record of the property from the respective Tahsil that how these properties has been transferred after the death of your grandparents .

There must be some documents within the family that you have to find out so that you can make the relinquishment deed in favour of the person you want to transfer the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Ans: Please ensure that the properties are in the name of your grandfather and grandmother.

Thereafter, all their legal heirs will be entitled to claim their share in the property. If the other legal heirs wish to release their share in the property, then all those releasing their share will have to make a registered relinquishment deed in favour of the person claiming their share in the property. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Execute relinquishment deed in favour of one heir.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should apply for documents related to properties of your grandfather and grandmother and mutations done after their demise.

2. The application should be made in office of sub registrar.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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