• Procedure to refuse inheritance by daughter

The legal heir of my father's certificate has my 1. mother, 2.my elder sister 3. Myself .
As my sister's married and her part of the share is given and settled as an individual property. (Owned by her alone)
Now she's a legal heir to every other property of my father. 
Q1 What's the procedure to obtain Non objection certificate for assets owned by my father? we have both ancestral property and self acquired property. 
Q2 Is there a way to settle her out of acquiring every property? Q3 What do we do if she wanted her legal rights to every property? How to approach through legal terms.
Asked 5 years ago in Property Law
Religion: Hindu

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20 Answers

She can claim her share as matter of right. As far as noc is concerned she needs to take it from other share holders of the said property. If not given her rightful share she needs to approach court by filing partition suit etc

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

For legal shares in each property can be obtain by sister in the way partition suit and in that make MoU for settlement deed  between each legal heirs according to their respective shares.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. On death of the make Hindu all his properties are liable for equal division among his legal heirs which include his wife and children.  Now share of a legal heir can be relinquished only by a registered deed got/relinquishment and not by a mere NOC.

2. Same as above. 

3. If she demands you are bound to give her due share in default of which she can file suit for partition. 

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

She has a share in both the ancestral and self acquired property. Reach an agreement with her either by giving her money or some share in the property. This would depend upon the total value of the assets her willingness to settle ie various factors.


If she wants her share then you have to part with it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

After going through your facts of the case, we answer your questions 1 to 3 consolidated and  legally which are as under :- 

Please file Partition Suit before Civil Court for the division of property amongst the legal heirs. 

Once the order is passed and appeal period is over ,No chance for anyone to win even before Supreme Court of India .

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Sister can execute Gift deed or relinquishment deed to transfer or relinquish her share in property 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

1. Your sister being one of the legal heirs to your deceased father,  her share in your father's entire properties cannot be denied just because she was given some property before the death of your father. 

She's legally entitled to a legitimate share out of your deceased father's properties who is reported to have died intestate,  as a right. 

2. You can arrange a family meeting and discuss the subject matter with everyone by involving her, if some amicable settlement is possible,  you may utilize the situation. 

3. She's legally entitled to a legitimate share in all the properties as a right. 

You cannot deny or deprive her rights. 

The court will decide in her favor if she approaches court seeking partition of property. 

Better take a wise decision at right time. 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

1. you can refuse her share from the ancestral property and also self acquired property of the father if he died intestate,

2.The Hindu Succession Act, 1956, was amended in 2005 & by virtue of the latest judgement, give daughters an equal share in parental property.

In case of ancestral property, a daughter now has a share in it by virtue of birth, while self-acquired property is distributed as per the provisions of the will. If the father passes away without a will, she has the same rights as the son in both ancestral and self-acquired property.

however, if your sister relinquish/release her share you can take the same,

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

1. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all residual legal heirs, wherein the property of deceased can be distributed amongst themselves, in proper ratio or as maybe decided amongst themselves.

2. Above Deed, shall be final & irrefutable and shall confer absolute Title-Ownership of the deceased's property to the residual Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Sister has equal right in absence of any will in all the properties if sister signs a registered relinquishment deed in your favour for all the properties then only you can stake a claim on her share. 

2. You may ask for a registered relinquishment deed. 

3. You have to give her or she can approach the court for partition. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She has to release her part of share.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2305 Answers
8 Consultations

1. It's to be known as to, Whether your father died intestate ( without executing a WILL ) or not, in respect of his self acquired properties?.

2. Assuming that your father died intestate, the entitlement to the share in the property devolves equally to all the Class-1 legal heirs. In the instant case, the Class-1 legal heirs are your mother, your sister and you. In other words, your mother, your sister and you will be entitled to 1/3rd share in both your deceased father's self acquired and ancestral properties.

3.  In case, your sister voluntarily executes a registered Release Deed in the jurisdictional Sub Registrar's Office relinquishing her share and rights in your favour for both self acquired and ancestral properties, then your sister loses her claim in both the self acquired and ancestral properties owned by your deceased father in future.

4.  You can request your sister to execute a registered Release Deed in your favour as she has already been given a property to own during the time of her marriage.

5.  In case your sister does not voluntarily execute a registered Release Deed relinquishing her rights over the self acquired and ancestral properties of your deceased father in your favour, then your sister has to be given her entitled 1/3rd share in the property.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

1. Specific performance suit to get the noc.

2. No

3. She have right 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Your sister can forgo her lawful undivided share in your deceased father's estate by executing a deed of relinquishment in your favour, which has to be duly registered.

2. If she does not wish to relinquish her share, she shall be legally entitled to her rights, and you cannot compel her to forgo her rights.

Swaminathan Neelakantan
Advocate, Coimbatore
3084 Answers
20 Consultations

- If your father has died intestate , then his property would be devolved upon his legal heirs. i.e your mother , sisters and you i.e. in the equal ration of 1/4th of property . 

- Further none of you can take the share of others , but a person can release his/her respective 1/4th share in favour of other legally after executing a Relinquishment deed. 

1. If your sisters have already executed a registered Relinquishment deed , then the property will be your and mothers equally. 

2. No, your sisters are having their right to claim in the entire property equally . 

3. She can claim legally after approaching Courts , specially after the recent judgement of Supreme court. 

Mohammed Shahzad
Advocate, Delhi
15876 Answers
243 Consultations

your sister can execute registered release deed Or gift deed  in your favour. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Dear Sir/Madam,

It is suggested that you consult the said sister and ask for the declaration/NOC of said property acquired by her. If she does not agree for the same, you may go for the legal partition of the same.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

You have to show that she was given her share of the property . You should file a declaratory suit.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

1. Your sister need to execute a NOC or relinquishment deed in your favour if she is ready to give up her share from property of your father.

2. You can ask her to execute a settlement deed in your favour and take cash instead of her share.

3. If your sister want her share in the property then you are bound to give her share from property of her father Otherwise she can file partition suit against you.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Client,

If your sister want to transfer her share in the property, she may transfer it by way of transfer deed. She also transfer by relinquishment deed. 

 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

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