• Relinquishing right to property

Hello,

My father has been in litigation since the past many years with his siblings over his property. His siblings have claimed his properties belong to grandfather (he died Intestate) but my fathers defence was that he purchased all his properties with his own earnings. Litigation has been ongoing since past 30 years. Meanwhile my father has done third party agreements and taken money from other parties. My father passed away in October due to medical issues. 

I am not interested in the litigation or any part of his assets or liabilities. Can I file an application in the court to relinquish all of my rights?
Asked 2 months ago in Property Law
Religion: Hindu

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8 Answers

You can execute a registered release deed relinquishing your rights in the property that you are entitled, provided the person from whom you inherit the property should have a clear and marketable title to the property.

If the case is going on, you can decide whether to conduct it as your father's legal representative or not.

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

If the liabilities are more than the value of properties likely to come to father’s  share, the debtors can recover the same from his share of liabilities. Creditors cannot seek any recovery of dues out the properties that will come to the share of other legal heirs. If the value of assets is more than liabilities incurred by deceased father, outstanding of creditors can be satisfied from such assists and left over will be divided as per the decree of Court. You are not required to anything, creditors cannot come to you for recovery of father’ debt. There is absolutely no any necessity to relinquish anything. Creditors have right to recover only out of the share debtor (father) they cannot touch share that occurred to others irrespective whether the value of share of debtor is sufficient to satisfy the debt or not. That is the law.  

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

The legal heirs can be held liable to the extent of the property/assets inherited from the deceased and not beyond that. 

If you people relinquish your rights then you have not inherited any share in the property of deceased hence you cannot be directed to repay any debts of the deceased. 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Since your father has done third party agreements and taken money from other parties it is better you continue the suit proceedings 

 

you are liable for your father debts to extent of your inheritance 

 

you can enter into consent terms with your uncles .file consent terms in court wherein they repay money payable to third parties 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

 

Your mother and sister can also execute relinquishment deed 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Yes you can relinquish all your rights 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Dear client if you want to relinquish the right over the property then you can file a really quizment petition with no objection certificate from all your siblings moreover no liabilities will be on you if certain thing happen after your relinquishment

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

- Yes, you can file an application before the said court after mentioning that you being the legal heirs of your father , don't want any share in the property , if opposite party is ready to settle the liabilities of father. 

- You can take POA from other legal heirs for filing an application before the court and to settle the dispute .

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

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