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Narasimha Bhat (Novice)     04 March 2011

how to relinquish intestate heirship?

My father died intestate leaving my mother and 3 sons. We are hindus. My brothers and I wish to relinquish our shares in all his moveable and immovable assets, and we want them all to go to my mother.

Our lawyer is suggesting the following steps for property: 1. get legal heir certificate listing all 4 heirs 2. transfer property to all 4 legal heirs (first RTC change) 3. Brothers release our shares leaving behind only mother as owner (second RTC change).

My questions:

1. Is it possible to reduce the steps and directly get a legal heir certificate only listing my mother? This will get her name on RTC with only one change

2. Is succession certificate necessary, as there is no dispute?



Learning

 6 Replies

Kirti Kar Tripathi (lawyer)     04 March 2011

 

you can relinquish your rights in favour of your mother by simple relinquishment deed or you may gift your shares through gift deeds. 

 

2 Like

Narasimha Bhat (Novice)     04 March 2011

The relinquishment deed is the step 3 suggested by my lawyer, to remove our (3 brothers) name from the RTC changed in step 2. Can I use the relinquishment deed in Step 1, to have our (3 brothers) names not be in the legal heirs certificate?

Adv Amit Kulkarni (Advocate)     04 March 2011

just at the tme of getting heirship certificate u can relinquish ur right and get the certificate in mother name only or u can execute relinquushment deed

1 Like

Narasimha Bhat (Novice)     04 March 2011

Unfortunately, there is some confusion with the nomenclature. What I refer to as "legal heir certificate" is the one issued by the Taluk office through the VA/Tahshildhar route. Today I came to know that it is also called the Survivorship certificate. My lawyer says the VA/Tahshildhar will not regard the relinquishment deed.

Is there some way to have only my mother listed in such a certificated?

K S Narayana Rao (District Registrar)     05 March 2011

Sir, If you desire to register relinquishment  deed you can in the Sub registrar Office. All are legal hires, Survivers hence revunue department will issue cerfificate with all names.

Besides you four members can enter into partition deed giving all Immovable property to your mother in one schedule and keeping family cash or movables with others as one share.  This partition will give effect all rights to your mother as desired by you.

1 Like

Narasimha Bhat (Novice)     06 March 2011

I now understand from the replies in this forum (and as already explained by my lawyer earlier), that there is no way to do this in one step. I first need to get survivor certificate, then get RTC changed to our four names, then get relinquishment (or partition) deed, and change the RTC yet again to my mother's name. If I have understood wrongly, or there are simpler alternatives, please let me know. Otherwise, thanks everyone!


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