My grandmother owned a house in Delhi and died without a will. Legal heirs were 3 sons (S1, S2 & S3) and 2 daughters (D1 & D2) (my mother was one of two daughters). Subsequently my mother died too. Legal heirs were my father (husband) me (son) and my sister (daughter). Me and my father signed a relinquishment deed (Regd) in 1990 in favour of S3. My somehow, my sister never signed a RD. My father died in 2009. Legal heirs me and my sister. My sister sold off her 1/15th share independently, because S3 was not cooperating, in 2012. I want to know, now that my father has died, in case S3 has not done mutation, can I and my sister stake claim to RD being null and void and claim our father's 1/15th share?
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1) once deed of relinquishment has been executed duly stamped and registered your father has no share in said property .
2)on demise of your father relinquishment deed does not become null and void
3) on demise of your mother your father was not class 1 legal heir . only you and your sister were legal heirs to your mother . you have executed relinquishment deed and so now you have no share in property
Ok. But if that's the case, then my sister's share should be 1/14th and 1/15th. When she sold her 1/15th share in 2012, it was assumed that my father had a share, which was relinquished along with my share (me, sister and father made up 3/15th = 1/5th share of my mother). Does that mean my sister can stake claim to that incremental percentage share (1/14th minus 1/15th = whatever tiny portion? Even this may run into several lakhs!
1) once your sister has executed relinquishment deed she has no share in property .
2) if she has not relinquished her entire share she can claim the incremental percentage share
Hi, once the Relinquishment deed was executed you can't challenge the same unless it was executed by way of fraud or other means. So your sister has share in the property but you can't claim the share of your father.
Basically your mother was entitled 1/5th share in her mother's intestate property which devolved on her legal heirs i.e., your father, yourself and your sister. You and your father have relinquished your 2/3rd share out of the 1/5th share in favor of S3 and that becomes a valid deed and cannot be irrevocable due to the death of one person. Your sister who did not execute a relinquishment deed was entitled to 1/3rd of the 1/5 th share in the property whereas she sold the entire 1/5th share which is incorrect and illegal. If the beneficiaries file a suit for possession of 2/3rd share out of it owing to the execution of a relinquishment deed in their favor, she may have to answer and compensate the same if not able to return the property.
This is the legal position, all other calculations made by you will be restricted to your thinking and understanding.
1. There is no question of either you and your sister claiming a share through succession in the property of your deceased father when he had executed the relinquishment deed much before his demise. The assumption drawn by you is fallacious.
2. When you had executed the RD with your free consent you cannot claim it to be null and void.
3. The absence of mutation by S3 does not create any right in your favour. It is the prerogative of S3 to mutate or not to mutate the property.
