Your mother can execute a registered relinquishment deed to relinquish her  life interest in property 

you are at liberty to sell the property later 

A life interest without the power of alienation does not allow the holder to sell or transfer the property, as it is limited to their personal enjoyment. However, in some cases, if there are extenuating circumstances or a significant reason, a court may grant permission for the sale or transfer of the property, even without the power of alienation. 

So, my advise is that your mother file an application in competent court at Coimbatore. 

A widow is entitled to relinquish her right  to life estate in her deceased husband’s property with that consent of next heirs for the  following  reasons…

1. There was legal necessity.
2. The alienee after reasonable enquiry as to the  necessity, acted honestly in the  belief that it existed, or
3. That there was such consent of the next heirs as would raise a presumption either of the  existence of necessity, or of reasonable inquiry and honest belief as to tis existence, or
4. There was consent of the  net heirs to such alienation

Sir/Madam, 

It is suggested that the property obtained by mother is now in the nature of self acquired property and in these circumstances, she can give power to attorney along with WILL to both of you so that you both may handle look after the property and acquire same after her demise. This would be the least expansive method which you many adopt. Alternatively, she can give you properties by medium of gift deed. However, the option of gift deed would be costly a bit and you will be required to give stipulated taxes. 

Since your father had created a life estate in your mother's favour without any power of alienation to her, your mother can't relinquish her lifetime interest and allow both her children to the sell the house.

A widow with a life estate and no power of alienation in a will cannot typically relinquish her rights. 

A life estate grants her the right to enjoy the property during her lifetime, but she cannot sell, transfer, or otherwise alienate it to the detriment of the future beneficiaries, who are usually the next in line after her. 

This is a specific type of ownership with limitations, and she cannot simply give up her right to use the property.

A life estate gives the widow the right to possess and enjoy the property (e.g., live in a house, receive income from it) during her lifetime. 

Upon the widow's death, the property will go to the designated beneficiaries (usually her children or other heirs), not to anyone she might have tried to transfer it to. 

In most cases, there is no legal mechanism for a life estate holder to simply relinquish their rights and allow the property to revert to the next in line without the consent of the future beneficiaries. 

 A widow's interest has the nature of a life-estate. Her rights of alienation are restricted.(i) She may mortgage but not sell, gift, or bequeath, for necessity.

Your mother can execute relinquishment deed 

In the context of relinquishing a life interest, the life interest holder is essentially giving up their right to enjoy the property for the rest of their life in favor of the other co-owner(s).

if a necessity arises then the beneficiaries may file a suit before civil court seeking permission of the court to alienate the life estate rights in favor of the future beneficiaries of course with their consent, by seeking an order to execute the desired relinquishment deed. 

Yes, your mother can relinquish her life interest through a registered relinquishment deed, but with the consent of both remaindermen (you and your brother).

Key Points:

• Since the Will created a life estate without power of alienation, your mother cannot sell or gift the property, but she can relinquish her life interest in favour of the remaindermen (you two), with your consent.

• The relinquishment deed must be:

  • In writing and

  • Registered at the Sub-Registrar’s office in Coimbatore (where the property is located).

• After relinquishment, you and your brother can mutate the property jointly and proceed with the sale.

Legal Backing:

• Supreme Court (2010) Krishna Kumar Birla v. Rajendra Singh Lodha – affirms that relinquishment of life interest is valid if it is voluntary and with consent of successors.

• Madras HC & SC precedents confirm life interest can be relinquished but cannot be assigned or sold.

✅ Next Step: Draft and register a Relinquishment Deed of Life Interest, signed by your mother, with you and your brother as consenting parties.

1. The property in question was the self acquired property of your deceased father and it was his last wish that his wife had to have a place to live peacefully during her entire lifetime in his house and hence created life interest for her.

2.  Your mother can't relinquish her life interest in favour of her sons, as it was created by her husband.

You dint need to file civil suit 

register relinquishment deed 

sell the property 

In my opinion, since your mother is not the titleholder and owner of the property, she can't relinquish. The proper way forward would be to obtain permission from Court to sell with No objection from the future beneficiaries. There are instances when courts have granted permission in such cases. 

This is  public forum where ther are plenty of advocates give their opinions based on their experience, knowledge and interpretation of law.

You can choose whichever would suit you or would be feasible to your circumstances.

As a matter of fact you may not be able to sell the property just by getting a registered relinquishment deed executed by your mother, you may have to mutat or transfer the revenue records to the names of both the ultimate beneficiaries subsequent to the release deed.

If in case the prospective buyer's lawyer raises the point of court's permission not obtained before she exected the registered release deed, then you may be in a trouble.

Alternately, there is an option that all the three beneficiaries ignore the existence of a Will created by your father and as your mother is willing to cooperate with you people by waiving her life interest rights  in the property, you may think of the option of selling  the property .jointly without bringing the Will into picture at all, because the Will, even though it is registered, it will not reflect in the encumbrance certificate hence unless you reveal the existence of Will, there may not be any necessity to worried about the legal hassles to obtain a relinquishment deed from your mother to proceed further in this regard, this may not sound a strong legal option, but this may not be an obstacle. 

If you are going by the idea of getting a registered release deed relinquishing your mother's life interest in the property executed by her, then post execution of the registered release deed, you may have to get the property mutated on both your names otherwise there may arise a legal issue for executing the sale deed in favour of the prospective buyer.

You ask buyer to consult his lawyer 

you should not forward response received from lawyers on this website 

tell him your mother is willing to execute RD and you and your sibling will execute sake deed in his favour 

Dear Client,

Kindly note the following:

1. Character of Life Estate

Your mother has a life interest in the property under your late father's Will, whereby she can stay in and utilize the property in her lifetime but cannot transfer or sell it. Upon her death, the property is to go half to you and half to your brother.

2. Release of Life Interest

Your mother cannot release her life interest without the consent of the other person unless the Will provides otherwise. Nevertheless, if your mother and your brother consent with you, this problem may be resolved between yourselves.

3. Actual Steps in Selling

A. Relinquishment Deed/Deed of Family Arrangement

Both of your sons (both brothers) and your mother ought to execute a registered family arrangement or relinquishment deed under which the mother duly waives her life interest and accepts both the sons to whom such an interest had existed. This deed should be registered at the sub-registrar office in Coimbatore and proper stamp duty should be paid.

B. Court Consent Decree (Recommended)

To provide additional legal protection and to provide confidence to the buyer, you can make a joint petition in the local civil court for a consent decree to the effect that all concerned agree to forego the life interest and sell the property to the sons. The court order will render the title clear and unchallenged.

C. Sale of Property

After the relinquishment or consent decree is issued, you and your brother (as sole owners) may legally sell the property. Give the purchaser the Will, relinquishment deed, and court order (if secured) to establish clear title.

4. Other Considerations

Have all documents properly prepared and registered.

Verify any outstanding dues or encumbrances on the property.

Can Your Mother Relinquish Life Interest?

Yes, with you and your brother’s consent, she can relinquish her life interest via a registered deed.

Steps to Sell the Property Legally:

1. Draft & register a Relinquishment Deed in Coimbatore.

2. Both sons sign as consenting parties.

3. Mutate the property jointly.

4. Sell the property together.

Legal Support:

• SC (2010): Krishna Kumar Birla v. Lodha – Relinquishment of life interest is valid with consent.

• HC rulings: Life interest can't be sold, but can be relinquished.

If Brother Doesn’t Agree:

File a civil suit seeking court’s permission to sell.

If there is no conflict among legal heirs then there is no issue 

- Since, there is a condition in the said Will that after his death , his wife will hold that property and after her demise her children will have right over the same, it means that you both siblings having no right over the said property , and even your mother cannot sell the same without getting your consent. 

- Hence, under this condition your mother cannot registered a Relinquishment deed 

- If she is agreed for selling the same with your consent then a Court order is needed for the same. 

Sir/Madam,

I am of the opinion that the relinquishment deed can be done. Also, do specify the property of your share while drafting the sale deed, it does not create any issues in further and the buyer may remain actual beneficiary without any hassle in futhre.