Is she is not willing to sign relinquishment deed carry out mutation of property with her name also as she is legal heir of deceased father
Daughter do want any share of her father's property but refusing to sign in surrender legal paper.
Property in West Bengal, this property has two parts a) 50% against my father's name & 50% against my uncle's name who has no issue. When my died and my aunt was alive. She died 2018.Before she died she made a will against my three brothers. She did not given any thing to my two sisters. Due to some personal problem. My father's part has 6 warish. 1. My mother 2. We three brothers 3. Two sisters. One of my sister does want any share because her family is quite affluent. Another sister wants her share. Before making warishnama of my father's part we asked several times her openion. After making warishnama now she is telling neither she will sign nor wanted any share of her part. To get mutation what should we do?
Asked 4 years ago in Property Law
Religion: Hindu
13 Answers
1. Since on death of your father all the siblings and his widow inherits his property in undivided equal 1/6th share., all of them can rightfully claim their respective share.
2. Now if any of them does not want her share then she can transfer the same in favour of another or rests by way deed of gift or deed of relinquishment.
3. By way of a mutual deed of partition also you can settle your respective shares.
You neee to amend the warishnama for the same
Her name must be included in warishnama. Her signature dose not require for mutation. What problem you are facing in mutation ?
All legal heirs of your father are entitled to 1/6th share each.
If your sister is not interested to take her share or give giveup her share, you can proceed with mutation by incorporating her name.
If she is not interested to release / relinquish her share, she can gift her share to any one of you.
No signing relinquishment deed is the indication that she is looking for share but due to some pressure she is agree to leave the share. This has no meaning.
- For mutation of the property , the signature /consent of all the legal heirs are required legally,
- Further, if she doesn't execute a release /relinquishment deed , then her share will be subsist legally.
- Further, for selling the property mutation of legal heirs is not mandatory , they can direct transfer the property in the name of one or others.
- Since, she is not agree for the same , hence you should send her a legal notice after mentioning that legally she is bound to sign the documents for mutation / or to leave her share , if she is not interested for getting the same.
- Further, out of Mutation , you can execute a Family settlement deed as well .
1. Your Aunt "made a will against my three brothers" or in favour of your three brothers?
2. If your query is about mutation only, then you shall have to apply for the mutation of the said property in the name of all the legal heirs showing their individual shares of the said property based on the will.
3. You shall also have to submit the copies of the title deed of the property, the will, the legal; heir certificate and also the death certificates of your father and Uncle. Uncle's legal heir certificate also shall have to be submitted to establish that your Aunt has the right to execute the will in connection of the share of the property of your deceased Uncle.
it is legally necessary to mutate the names of all the legal heirs.
Hello,
You need to get her no objection to proceed further.
Otherwise notify her through your advocate to claim or waive her share and in case there is no response on her part it would be treated that she is waoving her right.
Regards
In case she is not relinquishing her share thereby her name has to be mentioned in warishai you can disclose her name in same and can get mutation done based on your affidavits just mention her name. See to give up her share she need to sign and register a relinquishment deed.
If she is not ready to release her share through a release deed then the remaining 5 heirs can file a suit for partition against her to seek the separate possession of their share in the property through partition by metes and bounds.
If your father is living then you people cannot mutate the property on your names.
If he's reported to have died intestate then the legal heirs shall include all the six as successors in interest to succeed to the property left behind by him.
If any one of the legal heirs is not cooperating with others then it is better to file a partition suit, get the property divided through court and then apply for mutation of property to your name.
