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Sritam (E2A)     04 August 2011

Family issue

Suppose, there are two daughters and a son of a person. The father wants to share his property amongst his two daughters and the son in three equal divisions. However, the son doesn't want to inherit anything from the father because his elder sisters have actually been pivotal in his growing up and so he wants that all his father's property should go to the two sisters instead of him. Due to old age and concern for son, father has already made a will on the name of three of his children and in equal share. In these circumstances, is there any option for the son to declare a non-claiming deed against the will that could say that he doesn't accept his part in the property and also that the third share should be equally divided amongst the two of his sisters?



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 2 Replies

Gundlapallis (Advocate)     04 August 2011

The 'will' will come into effect only after the maker's demise.  After that event the son can relinquish his share in favour of his sisters.  Before that event he will not have any rigth to make a relinquishment or non-existing 'no claim deed' as you mentiioned.

SandhyaSrinivas (Advocate)     05 August 2011

At the time of executing the will that is after the death of the testator, brother can release his share by registered document by dividing his share equally to his  two sisters. 

If son is able to convince his father in his life time, his father can register gift deed documents to his daughters individually during his life time, by revoking his will.


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