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 becasue in 1980s they already gave share to S1 and S2 by selling other properties. Somehow they couldn't come to conclusion to distribute the property amongst S3 and S4. In 2014 S2, D1 and W executed a registered relinquishment deed in registrar's office in favour of S3 without informing S1 and S4. In 2019 W died. Now 3 questions are: 1) Is such registered relinquishment deed valid that is executed without informing legal heirs S1 and S4? 2) Does the demise of W has any affect on deed? Does S3 still has 4/6th of share in the said property? 3) Will the deed still be valid in future to be used by legal heirs of S3 (incase of demise of S3)?
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It is not necessary to inform other legal heirs while executing registered relinquishment deed
2) demise of W has no effect in relinquishment deed as she has relinquished her share in property
3) however relinquishment deed operates in favour of all the legal heirs
Yes, upto their share.
no effect
yes
1) By executing a deed of relinquishment a person can only forgo his/her right/claim over his/her own undivided share of inheritance. As such, it is legally valid.
2) As W died only after executing and registering the deed of relinquishment, it is legally valid even after her death.
3) Yes, very much, as the legal heirs of S3 claim inheritance under the undivided share of S3 after his death.
1) Yes, the registered relinquish deed is valid for their respective shares transferred to S3.
2) Yes, S3 has rights on 4/6th share, and odes affect his mother's death because an already relinquished deed is registered.
3) Yes, its registered deed S3 legal heirs can use it in the future.
Dear Client,
No such relinquishment deeds are invalid since the deed was executed by S2, D1, and W in favor of S3 without informing S1 and S4 it can be challenged in court. S1 and S4 could argue that their inheritance rights have been violated as they deed was executed without their notice.
The demise of W doesn't affect the deed and S3 can claim the 4/6 of the Property.
S1 and S4 may still have a legal claim against S3 or his legal heirs. For example, they could argue that the relinquishment deed was obtained through fraud or coercion. If they are successful in their claim, they could be awarded a portion of the property.
Thank you.
So as per the answer from most of the lawers, S1 and S4 have 1/6th share in the property and S3 has 4/6th share in the property. Please confirm!
Relinquishment means the surrender of rights, title, and interest by one co- owner in favour of other co-owners.
2) A coparcener may renounce his interest in the coparcenary property in favour of the other coparceners as a body but not in favour of one or more of them. If he renounces in favour of one or more of them the renunciation endures for the benefit of all other coparceners and not for the sole benefit of the coparcener or coparceners in whose favour the renunciation is made
3) S3 does not have 4/6 th share in property
1. The registered release deed releasing their respective share in the property is very much valid even though the consent or other co-sharers has not been obtained.
2. The property of deceased father will devolve equally on all his legal heirs which includes his wife. If S2, D1 and W have clearly mentioned in the release deed that they are relinquishing their rights of their share in the property in favor of chosen cosharer, then he shall be entitled to 4/6th share in the property.
3. Yes.
If there is a mention about the respective shares of S2, D1 and W shall be relinquished in favor of S3 in the release deed, then S3 shall have 4/6th share
Dear Client,
Since W, S1 and D1 has executed a registered relinquishment deed in favor of S3, their share will go to S3 and S3 has 4/6th share in property.
Thank you.
- As per law , after the demise of father intestate , his property would be devolved upon all the legal heirs equally , and hence 4 sons , daughter and wife have 1/7 share in the property
- Further, any of the legal heir can release his respective share in favor of other after executing a registered relinquishment deed.
1. Yes, no consent is needed to release respective shares
2. No
3. Yes
Yes, S1 and S 4 have one-sixth undivided share each, and S 3 has four-sixth.
It’s valid for life unless cancelled by a court order or registered cancellation deed
Dear Querist,
1) Is such registered relinquishment deed valid that is executed without informing legal heirs S1 and S4?
Opinion: yes, it's valid, there is no requirement for information to anyone.
2) Does the demise of W has any affect on deed? Does S3 still has 4/6th of share in the said property?
Opinion:- S3 is now owner of the share of W, S2 & D1 and himself. There is no effect on Deed as death is not concerned with the property.
3) Will the deed still be valid in future to be used by legal heirs of S3 (incase of demise of S3)?
Opinion:- yes, It is valid.
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