• Intent to relinquish my rights over the parental property

I require help and guidance over how to proceed for legally expressing my intent to forgo all my rights and claims as a legal heir. I want to legally inform both my parents, brother and spouse that I am taking this decision and in case of any inheritance occurring in future, I shall not make any claims on parental wealth and property.

Kindly provide me the step wise process and checklist if any.

Thank you.
Asked 4 hours ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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4 Answers

1) You cannot legally give up rights to property that you do not yet own.

 

2) The actual renunciation happens only after the inheritance occurs (after the death of the owner/parent).

 

3)  If the property is self-acquired by your parents, they can dispose of it as they wish, and you have no legal claim unless mentioned in a Will. If it is ancestral, you have a birthright, but it can be relinquished

 

Ajay Sethi
Advocate, Mumbai
100356 Answers
8201 Consultations

Execute a registered Relinquishment Deed relinquishing your entire right over the parental  movable and immovable properties in the jurisdictional Sub Registrar's Office. 

Shashidhar S. Sastry
Advocate, Bangalore
5660 Answers
339 Consultations

You cannot technically "relinquish" a right that hasn't vested yet since they still own the property, hence you do not have any rights in the property which you propose to relinquish now. 

If the parents have  passed away and reported to have died intestate then you can execute a formal Relinquishment Deed or Release Deed relinquishing your legal rights in the property left behind by them. 


Therefore for now you can orally renounce and not relinquish though this renunciation has no legal effect in future and the same can be revoked. . 

T Kalaiselvan
Advocate, Vellore
90560 Answers
2522 Consultations

You need to execute a registered relinquishment deed for the same

Prashant Nayak
Advocate, Mumbai
34946 Answers
255 Consultations

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