Hi All,
There is a property owned by my brother who has expired leaving behind his widow and a minor son. As per Hindu Succession law, it is understood that the property now has 3 legal heirs naming, the deceased's (my brother) widow, his minor son and his mother.
Though this property was acquired by my brother however since the money was lent by the deceased's mother hence now after his death, my mother wants the entire property to be transferred on her name.
My brother's wife (sister in law) is in complete harmony and understands this fact that this property though acquired by her husband but was financed by her mother in law and hence willing to transfer the property on my mother's name.
After consulting with few lawyers we learnt that though there may be 3 legal heirs to this property, my mom, my sister-in-law and his son. Though my sister-in-law understands the situation and is willing to transfer her share however the share that the minor son cannot be transferred on my mother's name. So the only solution available was to execute a "Relinquishment Deed" so that my sister in law , releases her part of share to my mother. Therefore the property will be registered on my mother's and my brother's minor son's name. My mother would hold 2/3rd share whereas my brother's son would hold 1/3rd share.
However when we approached Sub-Registrar, he first challenged the "succession act" by claiming that my mother is not a legal heir of this property and later suggested that relinquishment deed is incorrect document in this case and that we should either execute a Sale Deed or a Gift Deed . However in the situation when the minor son of my brother holds 1/3rd share in the property, how can my sister-in-law execute sale/gift deed on my mother's name trasnferring the entire property?
Can my bhabhi (sister-in-law) being the legal guardian of her minor son, on his behalf execute the sale/gift deed? Kindly note that we would like to avoid the sale deed option also as that would involve huge money as per the price of property, instead if we go for gift deed, is it viable first of all and if yes how and what way should it be executed?
Your earliest response to this query will be highly appreciated as we are highly confused because of the lawyer's an registrar's different opinion's and want to settle this matter asap.
Thanks in advance
Chitra
