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Anguluri Annappa (Retired)     22 November 2021

No interested in the family property.

Sir, 

I am not interested in claiming any share in the family property. How can I exclude myself legally?

Annappa



Learning

 3 Replies

Shashi Dhara   22 November 2021

U have any siblings or any partition has done,if partition takes u relinquish it in SRO that u have  released it .

Anaita Vas   23 November 2021

Yes, you can refuse an inheritence. The technical term is "disclaiming" it. If you are considering disclaiming an inheritence, you need to understand the effect of your refusal—known as the "disclaimer"—and the process you need to follow to make sure that it is considered qualified under Indian Law.

If you are disclaiming the property, you must meet the following requirements to use a disclaimer:

1. Provide an irrevocable and unqualified refusal to accept the assets.

2. Make the disclaimer in writing.

3. Disclaim the asset within nine months of the death of the assets' original owner .

4. The person disclaiming cannot have benefited from the proceeds of the disclaimed property.

5. The person disclaiming cannot have the assets indirectly passed to them.

6. The person disclaiming must have no influence over who is the contingent beneficiary.

Anyone disclaiming assets should seek legal advice on the laws of their state of residence.

So, in short, yes you can do so. However, this is not provided explicitly in any provision of law. However, it is conferred by the Article 21 of Indian Constitution i.e, Right to Life.

 

Regards,

Anaita Vas

G.L.N. Prasad (Retired employee.)     23 November 2021

When there is a partition with metes and bounds in each co-sharer name, the relinquishment can be mentioned.  Every relinquishment in immovable property mandates registration.


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