• Joint family property rights

Hi,

My grandfather has a property, he died in 1984 and he has 6 children. One of the children is my dad, my dad died in 2010 and he has 2 children including me (son and a daughter). In the absence of any will, the grandfather's property is equally shared by all.

I and my sister wish to transfer my rights in joint property to our mother. How can we do that?

Such that if in later years the joint property be sold, my and my sister's share goes to our mother.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. You can execute and register a  gift deed/relinquishment deed in favour of your mother,

2. Thus you will gift or relinquish your undivided and undemarcated share of your grandfather's property,

3. To be more specific in the matter, you can file a partition suit to get the property divided and demarcated in your names after  which you can gift or relinquish your partitioned property in favour of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Since your grandfather died without writing a will the property will devolve equally to all the three children. You can claim 1 share out of the same. First make a family settlement deed and get your share and then make a gift deed in your mothers favour.click like button to increase my points
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1)on your grand father demise your father had 1/6th share in property . on his demise his 1/6th share will devolve on your mother you and your sister . 

2)you and your sister can execute gift deed / relinquishment deed in favour of your mother

3)  for division of property deed of family settlement can be made among the legal heirs of your grand father . if no settlement possible suit for partition should be filed
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. first execute settlement deed between LRS of ur GF, if possible otherwise file partition suit in civil court.

2.ur father has 1/6 share in said property of ur GF.

3.now u and ur sister can transfer  portion of 1/6 share of ur father, which both of you got, to ur mother by 2 separate registered release deeds in favour of ur mother.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Since the property was owned by your grand father, all his children including your father got an equal share therein after his demise. On the death of your father his heirs i.e you, your mother and sister succeeded equally to his share in the property.

2. Now that you and your sister wish to give your share to your mother, both of you may make a deed of relinquishment in her favour. Get the deed drafted by your lawyer so that the transition of property from you to your mother is smooth and unambiguous.

3. Is the property divided? If no, are the siblings of your deceased father into a consensus over the division of property? The property should be divided as a matter of prudence before the relinquishment is done. If you and your sister transfer your share to your mother sans the division of property, the door of litigation at the instance of the surviving children of your grand father, who have an equal share in the property, will be left ajar. If they traverse the door your mother and you will be entangled in court battle. So first divide the property. If the other heirs do not agree to division of property then move to court and file a case for partition. Thereafter, make the deed of relinquishment in your mother's favour.

.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
In my opinion until the property remains joint, you can not transfer your interest either through gift deed or by way of a relinquishment  deed. Transfer of an undivided interest by one member of family in favour of another would be invalid and shall not extinguish.the interest of the member who has parted with his interest. There is no transfer of property  in such a case. 
Best course would be to ask for a family settlement and if there is no family settlement then a suit for partition. thereafter you and your sister can surrender your right in favour of your mother.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Hi, you and your sister  can transfer the property by way of gift or Release deed  so that your mother will become the absolute owner of the property to an extent of share your father will entitled.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Your grand father demise your father had 1/6th share in property . on his demise his 1/6th share will devolve on your mother you and your sister . If there is no Will then you  will have ask for  the family  settlement among the legal heirs of your grand father  thereby  seek your 1/6 share and sign a partition agreement. If the family does not agree then you will have to file a suit of partition. After obtaining your portion you can not transfer your interest either through gift deed or by way of a relinquishment  deed.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
you can transfer your shares to your mother by way of gift deed or relinquishment deed. if family donot agree you can do same after filing partition suit & get your share marked by court
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
As your father had 1/6th share in property of his father which devolves on   your mother you and your sister  as he died intestate. First get a family settlement done amongst Lrs and then  you and your sister can execute gift deed / relinquishment deed in favour of your mother/ or may file suit for partition.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
you may execute a Relinquishment deed in her favour with the condition as you and your sister want.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

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