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Relinquish
10-Mar-2023 (In Wills / Trusts Law)
My husband wishes to relinquish his rights to any/all family assets/land, etc. which may come to him in the future.
Various elder members of his family are embroiled in disputes and cases for many years, and the asset holding is vast and in various locations across Maharashtra and Rajasthan.
Although he may lose out on a lot of land and money, my husband wants to give up all that as he does not want our son to inherit any problematic issues...!
What is the best way to relinquish, how can it be done, and how soon?
Your husband has the right to relinquish his property via making a relinquishment deed in presence of 2 witnesses and getting it registered through appropriate authorities.
But, whenever a property is relinquished it is relinquished in someone's favor, so we advice you and your husband to find someone to whom you wish to give your share in the property.
Now coming to the second part of your query,
If the property is ancestral then your husband cannot relinquish the property on behalf of your son as it is his right to share in that property.
Even if the property is self acquired, he(your son) still has right in that till the property is disposed of by Will.
For making and registering a relinquishment deed we advice you to take help of a lawyer.
However, to our understanding the property is disputed at this time, so until the dispute is resolved it is not possible to make a relinquishment deed. Nevertheless by issuing an NOC in the court where the cases of the disputed property is pending, your husband can relinquish all his rights in the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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