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Sir, me and my wife have some disputes. We don't have any children. I don't have any self acquired p
21-Jul-2023 (In Property Law)
Sir, me and my wife have some disputes. We don't have any children. I don't have any self acquired property. My father died about 3 yrs back without making will. Now i got 1/3 rd share in all self acquired properties of my father. I don't want any share and want my share goes to my brother's son. So, can i make relinquishment deed in favour of my mother. And my mother makes will of whole property (me+ mother)share in favour of my brother's son. Or i make gift deed to my brother's son.we belongs to hindu religion. So plz tell me the best way that my wife can't claim on my property share after my death.
Yes, you should make a relinquishment deed in the favour of your mother and after that your mother can make a will in the favour of your brothers son. However, A gift deed can also be executed by you which will be directly transferring your share in the property. The best legal recourse is to be found after considering the case against you and facts and circumstances of your case.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Hello, I have perused your query.
If the heir's come to the conclusion of separation of property, then anyone of the co-owner (who is not willing to keep the property) can relinquish his share in favour of the other owner. This process of transferring property from one owner approving the other is known as Relinquishment of Property
You can relenquish your share by virtue of a relenquishment deed.
This instrument has the effect of reducing the number of share owners in a property and thus resulting in larger share for the existing heirs. A relinquishment deed needs to be distinguished from a gift deed where the shares of a particular owner is gifted to any other person who may be a legal heir in that property or not. A relinquishment deed needs to be registered compulsorily and it has very less registration charges compared to a gift deed which requires high stamp duty, though there is no consideration involved in both documents.
For any further questions feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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