• Release from Will / Inheritance of property

My Father left a will for the property he had which was to be given to siblings after Mother's death. When Mother passed, she had some financial assets, not large value, but left no will.

How does one get a release document so that my share of inheritance against will is distributed to other siblings. What documents is required to release myself from Mothers assets, when and if, a sibling wants a division.

Thanks in advance.
Asked 4 years ago in Property Law
Religion: Christian

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20 Answers

You can execute deed of relinquishment to relinquish your share in property 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
94741 Answers
7540 Consultations

5.0 on 5.0

To release share in immovable property, have to execute register release deed in favor of sibling to transfer your ownership to them.

And about mother immovable assets, those can be release by mere giving to your siblings or refusal to accept. NO document will register.

Yogendra Singh Rajawat
Advocate, Jaipur
22642 Answers
31 Consultations

4.4 on 5.0

You need to execute registered relinquishment deed in the favour of legal heir in whose name you want to transfer the property

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Yes, you can send whats app message.

For immovable property, have to execute register release deed. Your presence will require or give POA to any of your sibling.

Yogendra Singh Rajawat
Advocate, Jaipur
22642 Answers
31 Consultations

4.4 on 5.0

Contact a local lawyer for drafting relinquishment deed 

Ajay Sethi
Advocate, Mumbai
94741 Answers
7540 Consultations

5.0 on 5.0

1. You can enter into a Family Settlement Deed with your siblings to sort out the property issues left behind by your parents.

2. Since your father had executed WILL in favour of the beneficiaries, a registered partition deed amongst your siblings can be executed to demarcate each person's entitlement of share by metes and bounds. If any of the siblings want to relinquish his/her share in the property in favour of other sibling/s, such a sibling can execute a registered Release Deed.

3. In case of your mother, since she died an intestate (without executing a WILL) death, all her children are entitled to equal share in her movable and immovable properties. If any of the siblings want to relinquish his/her share in the property in favour of other sibling/s, such a sibling can execute a registered Release Deed.

4. Documents required are Parents' death certificates, WILL, copies of immovable properties, etc.

Shashidhar S. Sastry
Advocate, Bangalore
5122 Answers
314 Consultations

5.0 on 5.0

1. If it's immovable property of your mother, then you have to execute a registered Release Deed in favour of other sibling/s.

2. It's better to contact a local Lawyer to get the relinquishment deed preparation and get it registered in favour of the Releasee.

Shashidhar S. Sastry
Advocate, Bangalore
5122 Answers
314 Consultations

5.0 on 5.0

1. Before the inheritance opens no one can release his share. 

2. Now after death one can release his share either by way of deed of relinquishment or by deed of gift.

3. Both these deeds require registration on payment of stamp duty and registration fees. 

Devajyoti Barman
Advocate, Kolkata
22828 Answers
488 Consultations

5.0 on 5.0

You can simply give a NOC on a registered notarized document for releasing your share

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since your father has bequeathed his properties to his children, then the property left behind shall devolve on all the beneficiaries.

Being one of the beneficiaries, as you do not want to avail the benefits of the property you can execute a registered release deed in favor of the co-sharers relinquishing your rights in the property.

By relinquishing your rights in the property you will stripped of your rights in the property

T Kalaiselvan
Advocate, Vellore
84942 Answers
2197 Consultations

5.0 on 5.0

The relinquishment deed should be done by a registered document.

It will not be valid if it is executed on a plain paper even prepared by a lawyer.

You can take the help of a document writer in your locality and get the task completed legally

T Kalaiselvan
Advocate, Vellore
84942 Answers
2197 Consultations

5.0 on 5.0

1. "ALL" the residual Legal Heirs of Parents, can execute a registered "Family Settlement Deed" (FSD) with proper terms & conditions, distributing properties in matter which is mutually settled with consent signatures. This would not create any futuristic legal disputes amongst the legal heirs and everybody would be bound such Legally registered FSD.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You need do get the relinquishment deed drafted by a lawyer and later you need to get it registered through online. Yes mothers undocumented things can be included. For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. You can execute a release deed to release your share to your siblings. The release deed has to be registered.

2. If your mother has passed away intestate then her assets have devolved through intestate succession on all her children equally.

3. You may execute a comprehensive release deed to release your share in the assets bequeathed to you by your father and also the assets of your mother for which she died intestate.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you can execute relinquishment deed Or release deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you may contact local property lawyer or document writer for drafting. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. For execution of will of your father you don't need to give any consent for distribution of your share to your siblings but if you still want to execute any document then give an affidavit in favour of your siblings. 

2. For distribution of assets of your mother you need to execute a settlement deed with your siblings in which you can mention that you don't want any share from property of your mother.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- You can release your share after executing a release/relinquishment deed .

- You can mention in the deed that you are releasing your share in favour of siblings in exchange of monetary benefit ,and further will have no right over the property if a partition of the property will take place,

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

A partition suit must be filed and if anyone doesn't want a share he should sign a relinquishment deed and submit it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A lawyer must be engaged so that he may make the relinquishment deed and then you may present it in court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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