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Anguluri Annappa (Retired)     27 June 2021

Right to share in property relinquished

Sir,  I had  relinquished my share in my father's intestate property and told the same to all the legal heirs present

at the death ceremony. Now one of the legal heirs issued notices to go for partition, including me. how to respond to this.

Please advice.

A. Annappa



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 June 2021

You can reply that you are not interested in it and you shall relinquish your rights over the property to all other legal heirs.

G.L.N. Prasad (Retired employee.)     28 June 2021

What are the contents of the notice ?  If you are not interested do not respond to the notice if you are not interested in the property.  Let the law take its own course.

Dr J C Vashista (Advocate)     29 June 2021

You have stated to have relinquished your share in intestate property left behind by your father, reply the notice accordingly.

Consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

P. Venu (Advocate)     29 June 2021

There has been no effective relinquishment unless you have executed a deed to that effect. The alleged notices are of no legal effect. 

The best option is for all the legal heirs to jointly execute a partition deed, wherein you relinquish your rights and interests at your discretion.

1 Like

G.L.N. Prasad (Retired employee.)     29 June 2021

With due respect mere oral relinquishment to immovable property is not legally valid, the relinquishment must be in writing and needs registration.

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

If you have relinquished your rights in the property by a registered deed, then you can give a reply notice stating that he cannot expect any relief of partition from you since you do not own any share i the property as you have already relinquished your rights in the property. 

If you are dragged to court despite giving this reply you can file a counter or written statement with the same contents and inform court about this with documentary evidences so that the court may frame the issues accordingly excluding  you. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 July 2021

1. Do not do anything. Let matter go to Court. In Court you may file your written statement that you have no interest to claim any such property or whatever....  The matter will be settled permanently.

Keep Smiling .... Hemant Agarwal
Visit:  www.chshelpforum.com


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