Can we ask sisters to write hak tyag before division of property
16-Jul-2023 (In Property Law)
Dear sir, I want to know about that before division of properties among Brothers, can we already written Hak tayag from sisters?
Dear friend as per your question and acording to hindu sucssetion amendment act 2005 section 6 daughter have same right in ancestor property but latest supreme court judgement prakash v/s phoolwati sc observe if father is died before 20.12.2004 then daughter can not claim his father property
You can obtain Haq Tyag Patra before the actual partition. It should be registered with registrar of deeds. it is always advisable to get first the relinquishment deed and then to divide the property.
If your father died before 2005 in that case ur sisters do not have right in the property. But if ur father died after 2005 in that case by virtue of HSA amendment 2005, a daughter has also been made as coparcener. Thus, for arriving a family settlement ur sister may relinquish her share in the property in your name. Yhe relinquishment deed should be registered mind it.
Opind accordingly.
Opind accordingly.
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