• I want to relinquish my right of inheritance

My father have two daughters. I am the elder one and for the past 4-5 years we are not on good term. Last year I told my parents that I want to marry a person outside our caste. While the whole family has aggreed but my father is the least happy to hear that. But eventually he agreed. Now only month before the wedding he wants to cancel the wedding as he is against it. And as the family memebera are reasoning with it he is saying that he dont want to waste a sjngle penny on me. Now our bond has become beyond repair and just to make him at ease I want to relinquish my inheritance rights as I dont want to inherit anything from my father so that all his property can go to my younger sister. Is there a way by which I can do that?
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Hi, you can execute release deed in favor of your father and sister and same has to be registered before the Sub-Registrar. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

You can execute a registered relinquishment deed in the office of local Sub-Registrar. You can also register a gift deed to her. Stamp duty for gift deed is minimum. But it is better not to take any decision in haste as property also belongs to future kids, you have no right to deprive them of the same.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

If the property is ancestral, you acquired right to share it by birth and you relinquish it or gift. It will be your unascertained share which will take effect when the actual partition takes place in future.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

During your father lifetime you have no share in his property 

 

on father demise intestate only you would have on e third share in property 

 

you cannot execute any relinquishment deed during father lifetime in respect of his self acquired property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

You cannot execute any relinquishment deed at present in respect of his self acquired property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.  Inheritance question comes only if the properties are your father's self acquired and if your father dies intestate ( without executing WILL).

2.    However if it were to be Ancestral property, then you can execute a registered Relinquishment Deed in the jurisdictional Sub Registrar's Office, at the time of partition of the property, in favour of your younger sister.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

See, after your father you have relinquish rights if any property is to be inherited.

 

Otherwise if its your father's self owned property he can make WILL or Gift deed to any other person from your family or outside family.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You don't have any rights in your father's property at least not during his lifetime,  hence there's no necessity or even a question about relinquishing your rights in the property that never is yours. 

You can orally express your unwillingness to acquire any share out of his property not only now but also in future .

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You cannot execute a relinquishment deed for the property that was never yours. 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear client, A Property can only be relinquished by an Owner of the Property and only in the favor of another Owner, i.e., Any Inherited Property cannot be relinquished to any third person. In other words, only in the name of another Legal Heir can a Property be relinquished.

Any Relinquishment over a Property is made through Relinquishment Deed or Release Deed. Section 17 of Registration Act 1908 makes it mandatory for a Relinquishment Deed to be registered.

Such Deed for the purpose of Registration should be presented in a Proper Format in the Office of Sub- Registrar of Assurances under whose jurisdiction the said property lies in the presence of two witnesses. Any Relinquishment made in favor of Minor attracts the provisions of Indian Contract Act.

Unregistered Relinquishment Deeds are held not to be permissible evidence.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

As you have put it rightly, you have not inherited anything as on date, and so the question of relinquishing your claim does not arise at all.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

-  You cannot get any share in your fathers property during his life time , and hence you cannot release your share to anyone after executing Relinquishment deed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can relinquish your rights by executing a relinquishment deed. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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