My brother passed away last year and does not have any children. He leaves behind his wife. He did not leave a will. We are Hindus. My brothers estate consists of 1/2 flat, approx. 40 lacs in bank, and a small travel agency whose partners are my brother and his wife. The partnership is the owner of the small shop.
The flat and shop are in Mumbai, in co-operative housing societies. We are four sisters and two brothers (brother expired this July).
I am a 1/2 owner in the flat, and my deceased brother was owner of the other half. My sister-in-law is willing to relinquish the 1/2 flat (and the other assets) to me for a sum of money. Since I am the co-owner of the flat, I expect a low stamp duty rate. How much is the stamp duty in such a case?
I plan to, in below order,
1) execute and register a relinquish deed for the entire estate and pay her the agreed sum of money
2) get a power of attorney from my sister-in-law
3) apply for legal heirship on behalf of my sister-in-law since that is a quicker process
4) apply for a succession certificate on behalf of my sister-in-law since immovable property is involved
Since the relinquish deed would have been executed first, the entire estate would come in my name after steps 2,3 and 4 are completed. I would like to execute the relinquish deed first, since it is irrevocable, as a safeguard against any change of mind once the legal heirship and succession certificates are obtained in my sister-in-law’s name.
The question is, can I execute a relinquish deed prior to heirship and succession certificate?
Do I need original property papers, and the original will, for each of the steps 1,3 and 4?
I have copies of the documents, and my three sisters will sign affidavits testifying to the family settlement they signed in 2000, and to the genuiness of the will left by by father leaving the flat to myself and my brother. The society transferred the flat in our names on that basis. We never mutated the property and the title is still in my fathers name, though the share certificate of the flat are in mine and my deceased brothers name. My fathers will was not probated but ALL my siblings signed a family settlement in the year 2000 when my father died, testifying that there was no need for probate as they agreed to the terms of my fathers will.
Now the only only sister who will not sign the affidavits testifying to the documents they signed in 2000, and to the genuiness of the will left by my father, is one sister holding the original documents and refusing to let us have it.
How should I proceed in the situation I am in?
