1. No
2. Yes
Is this relinquishment deed valid?
Father had 4 sons (S1,S2,S3,S4), 1 daughter (D1), Wife (W). Father died in 2010 without writing any will and left a property that is jointly used by S3 & S4. Both father and mother wanted to distribute this property amongst S3 and S4. Somehow they couldn't come to conclusion to distribute the property amongst S3 and S4. In 2014 S2, D1 and W executed a relinquishment deed in favour of S3 without informing S1 and S4. In 2019 W died. Now 2 questions are: 1) Is such relinquishment deed valid that is executed without informing all legal heirs? 2) Is the share of W still exists? And will it still be in favour of S3?
Asked 5 years ago in Property Law
Religion: Sikh
27 Answers
1. No,.
2. Yes.
Regards
If the deed is not valid then howcome share of dead mother still exists in favour of S3?
Asked 5 years ago
The answer of the second part of the second question is No .
You need to challenge it in the suit for cancellation in civil court
Relinquishment deed operates in favour of all legal heirs
2) it cannot be in favour of S3 only
3) all sons have equal share in property
You should file suit claiming equal share in property
take the plea that by relinquishment deed W could not have relinquished her share in favour of S3 only
1) It is valid, the releasor need not inform the other legal heirs. It is his / her wish and it will be valid if it is released to the extent of share.
2) Share of W does not exist, if it is released by way of getting it registered before concerned sub registrar by paying appropriate stamp duty and registration fee. Yes it is in favor of S3.
The released made by W is valid, refer to first reply.
First it should proper partition suit between all legal heirs and after that relinquish deed can bee process accordingly legal heirs wish.
1. IF Father died intestate (without any WILL), THEN irrespective of actual user of property, "ALL" the residual legal heirs (Wife, 4 Sons, 1 Daughter) are entitled to EQUAL share in all properties standing in name of Father, without any exceptions, whatsoever.
2. IF Wife died before distribution of property and without making WILL of her share ratio of property, THEN her share shall devolve in equal ratio to rest of the residual legal heirs (4 sons & 1 daughter).
3. Even before actual distribution, some of the legal heirs can relinquish their rights & shares (that could have come to them) in favor of one or more other legal heirs, without any further legal reference or NOC from other legal heirs.
4. Conclusively, as of today, 4 sons & 1 daughter are entitled to EQUAL share in all properties standing in name of Father, without any exceptions, whatsoever. AND they can relinquish /release /gift /donate /whatever.... with their share, without any further legal reference or NOC from other legal heirs.
Since this is not an ancestral property relinquishment deed executed by the shareholder in the property is valid however there is no relinquishment deed from S1 it is not necessary to inform each and every party because relinquishment deed is purely personal decision so far as the death of the mother is concerned relinquishment deed has been signed by her during her lifetime so there is no question of her share after death definitely jeetu Viren kis mint her share has been transferred to S3 and S4 accordingly along with the share of s2 and D1.
However the seat of S1 still prevails in the property
1. A co sharer is free to release his undivided share in favour of another and for doing this he doesn't require consent of another.
2. Since W has already relinquished her undivided share on death of W her undivided share would no more be open for inheritance by her sons and daughters in equal share.
Dear Querist
if the Deed is registered then the share of (W) S2 and D1 will be transferred to S3.
the share of W does not exist now.
but if the deed is not registered then Deed is not valid.
1. The cosharers can execute a registered release deed relinquishing their rights in the property generally and not in favor of any particular person.
The relinquishment deed in favor of any particular shareholder is not legally valid.
2. The share of W shall devolve on other legal automatically upon her intestate death.
The share of W will not devolve on S3, it shall fall equally on all the remaining legal heirs.
Was the said deed registered?
1. No, it is invalid.
2. Share of W still exists and it will be distributed equally among all.
After the death of your father intestate, the property was inherited by
S1,S2,S3,S4,D1,W in equal shares i.e. 1/6th share each.
In 2014, S2,D1 & W executed RD in favour of S3 in respect of their share i.e. 3/6th share.
In 2019 W died. She did not have any share in the property at the time of her death.
The reply to your 2 questions are:
To relinquish one's share to other legal heir, it is not necessary to inform all the legal heirs. S2,D1,W has rightly relinquished their own share i.e. 3/6th share. On execution of RD, S3 became owner of total 4/6th share. S1 & S4 are still owner of 1/6th share each i.e. 2/6th share.
Now, S1 & S4 can get the property partitioned with S3 to the extent of their shares. Or. S1 & S4 can relinquish their share in favour of S3 in consideration of value of property in their share Or S3 may execute RD in favour of S1 & S4 in respect of their 4/6th share.
- If father died intestate , this his property would be devolved upon his legal heirs i.e. S1 to S4 and D1 & W.
1. If the said Relinquishment deed is registered , then it is valid and others permissions are not mandatory.
2. Once Relinquishment deed executed by W , then her share not exists legally, and now S3 having right over her share
- However, if the said deed is not registered from the office of the registrar , then after the death of W i.e. mother , her share would be devolved upon all the legal heirs.
Dear Sir,
You are suggested that the said relinquish deed is valid and S3 will have the share of all the persons who wrote the relinquish deed.
Yes that is valid. It was her property and hence she could have disposed it as per her wishes. As she has registered a relinquishment deed her ahare will go to the person who she has named.
Deed is valid as she registered it whike she was alive and her share already went to her son.
Reliqushment deed is valid, Consent not required from S1 S4.
W has already relinquished her share in Favour of S3.
if said deed is registered then it is valid.
1. Yes the relinquishment deed will be valid because they gave up their share from property in favour of S3.
2. Share of W was already relinquished by her during her lifetime so currently she doesn't own any share in the property.
Relinquish deed invalid without the consent and information of all legal heirs.
The answer to question no 2 is yes to the extent share of W.
It won't be in favour of S3 because of non-consensual approval of all legal heirs.
The relinquishment deed, if registered,since it's an immovable property is valid.
2. The information to other legal heir is not necessary as the what is being relinquished is the share she would be devolving. The requirement is of the relinquisher, relinquishee and 2 witnesses.
3. The share still exist as the owner of the property was father and on his death the share are being determined through intestate succession though undivided.
4. if proven valid, fulfilling all essentialities mentioned above. Then yes.
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