We have three property in Delhi in the name of my father . He died in 2008 he left no will or nominee on his property . After that we made Relinquishment deed . all my sisters and brother releases their share in favor of my mother. my first question 1) If my mother make will of all three property in favor of any of her son then can any other legal hier or other son can claim on that property after mother passes away. 2) All the Property papers we have is in the name of our Father . As we made Relinqueshment deed , so to make WILL do my mother need to register all three property in her name to make a will where other son can not claim ? 3) How can mother disown one of her son from family or property ? 4) My mother want to disown one of her son from all of her property and family how can she proceed? what document she can make so that other son cannot raise any objection or claim ?
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1) mother is absolute owner of property as her children have executed relinquishment deed in her favour
2) she can bequeath property as she pleases
3) mother should carry out mutation of properties in her name then execute will
4) mother should in her will mention reasons for not giving any share in property to one son
5) will should be attested by 2 witnesses and be registered
1. If your mother, being the Absolute Owner after other legal heirs' releasing their share in favour of your mother, executes a 'WILL' in favour of anybody, including one son in respect of all the 3 properties shall be in order. Other legal heirs who are non- beneficiaries of the WILL can challenge the WILL of their mother by filling a case in the appropriate Court stating that the execution of WILL by their mother was done under duress and pray the Court for setting aside the WILL.
2. In your narration you have stated that 'Relinquishment Deed ' has been executed by children relinquishing their share in favour of their mother. Has it not yet been registered in the Sub Registrar's Office so far?. If it has already been registered, then the same has to be submitted along with your father's Death Certificate to Corporation/Municipality for mutating your mother's name in their records, in place of your father's name . After doing this exercise and when once there is change in the revenue records in your mother's name, she can execute a WILL and name the beneficiary/beneficiaries in the WILL executed and the properties would devolve to the person/persons mentioned as beneficiaries after the death of the Testator. To avoid future challenging of the WILL, let your mother Gift the property/properties to the person/persons of her choice through registered Gift Deed whereby the Gift Deed takes immediate effect during the lifetime of your mother itself and the property will be transferred to the Donee/Donees.
3.& 4. To follow as stated above in 1 & 2.
To disown her son the mother has to severe connection with her son and to publish a paper notice in local & English newspapers disowning her son in all aspects, including the properties she owns and to caution the public through this notice that she has disowned her son and she cannot be held liable for any of his misdemeanours henceforth.
we have not registered the relinquishment deed into mothers name. so if the deed is not registered then cant she made the WILL favoring one of her child? as we all brother sisters have good understanding except one brother and his wife . so my mother want to disown him and his wife from all aspect of her life . As we dont have enough money to register the Relinquishment deed so how can she get rid of her that son so that neither he can claim on her property neither he raise any objection in court in future.
1. Consequent to the execution of relinquishment deed by children the title passed absolutely to their mother. So your mother is free to make a will of the property in anybody's favour. The property will devolve in terms of will if your mother executes it during her lifetime.
2. Your mother is free to execute the will in a manner that would exclude one of her children from succeeding to her property. She is under no obligation to make a fair bequest. A testator has the right to discriminate among his heirs while making a bequest.
3. Get a flawless will drafted from a lawyer.
deed of relinquishment is not stamped and registered is not admissible in evidence
2) your mother is not absolute owner of the property and cannot bequeath the property by will . son can claim share in property
3) relinquishment deed attracts nominal stamp duty and registration charges . better register the relinquishment deed
1. Your mother is now the absolute owner of all the properties which your father has left. she can convey the title of her said properties in favour of any one in any manner she wishes to for which other legal heirs can not object at all.
2. Will is not required to be registered. In most of the places 9not N.Delhi), it is mandatory to apply for grant of probate from the Court where all the legal heirs are notified and they get the scope to challenge the will in your case, you are deprived of the said option.
3. She can very well legally disown one or all of her children if she so wishes.
4. She can execute a will. the can register a giift deed. She can make a sale deed to others for conveying the title of the property in question.
1. If the said relinquishment deed has not been registered then it has no legal value at all.
2. So, your mother is not the absolute owner of your father's entire properties.
3. All the legal heirs of your father, who dies intestate, will be entitled to their shares of their father's property who died intestate.
Dear Concerned,
1. This Relinquishment Deed being not registered does not have any value. Technically the properties are still in names of all the legal heirs after death of your father i.e all your sisters and brother and mother. SO your mother is not currently the rightfull owner of all the properties.
2. Yes to register the will your mother should be the sole owner of the property first then only she can do a will. Being unregistered will also create issues in future.
3. Yes your mother can disown her from the share she owns, on records of the MCD he still is 1/5 or 1/6 (total number of brothers and sisters) owner of the property and can claim share.
4. As mentioned above this son can be disowned from only the property share owned by the mother - and hence he still have that small share of his with him and he can claim ownership.
Best of Luck
1. Since the legal heirs of yor deceased father have relinquished your your rights in the property you all have no rights in the property and your mother shall be an absolute owner having marketable title.
Therefore she can transfer the property by testamentary disposition to anyone of her choice, the other legal heirs cannot dispute the same after the lifetime of the testator and any such dispute shall not be legally valid and maintainable in law.
2. She can transfer all the properties on her name after all other legal heirs/co-sharers have relinquished their rights in it in her favor.
3. Legally there is no provision in law to disown anyone from their relationship. She need not bequeath any property in that person's favor owing to her own reason and for the purpose of safety she can mention the reason in the recital of the Will.
4. the answer to the question 3 suits this too.
we have not registered the relinquishment deed into mothers name. so if the deed is not registered then cant she made the WILL favoring one of her child
A registered release deed relinquishing the rights in her favor shall be a valid document to confer the marketable tittle to her without which this can be disputed by anyone at a later stage because unregistered document is not valid in the eyes of law.
As we dont have enough money to register the Relinquishment deed so how can she get rid of her that son so that neither he can claim on her property neither he raise any objection in court in future.
Legally you cannot get rid of him due to yor own difference of opinion with him.
He is a legal heir of your decesed father hence you cannot deprive his rights in the property at your own whims and fancies.
If the relinquishment deed is not registered then the danger of he emerging with his rights in the property at a later stage will be imminent and there can be serious question about the validity of marketable title to your mother in the entire property, hence her will also cannot be maintainable in law.
Better do not risk the issue, you can get the problems solved legally now or never you can live peacefully with the sword of Damocles hanging on your head for ever.
1. As per your narration the Relinquishment Deed executed by your siblings has not yet been registered and the property still is in your Father's name who died intestate, she can execute a WILL only in respect of her share in the property to anyone including her only Son.
2. Your mother can disown her other Son as per my previous answer by publishing a Public Notice in newspapers only in respect of her share in the property.