Daughters share in the father's property
Querist :
Anonymous
(Querist) 18 January 2012
This query is : Resolved
Dear Sir, My Father-in-law Late Mr. XYZ (Muslim) was an HAL Employee, owned a residential property in his name, within the BBMP limits,(portion of the property was self-earned& portion was ancestral- entire property- as a single property in his name now) died about 30 yrs back without any WILL leaving behind wife, 5 (five) daughters & 4 (four) sons. We all still stay in the same house.
1 of 5 daughters was married during his life time and the expenses of marriages of rest of the 4 daughters were borne by his sons and some gold that the mother had possessed.(in short the 4 brothers and mother bore the expenses of sisters)
Now the 4 brothers want to divide this property into 4 portions and take their shares by giving a certain amount of money to the sisters, for which the mother is agreed & does not have any objection. All brothers & sisters share good relations and all belong to working (middle) class.
a) Pls guide us what should be the amount of money we need to give to the sisters as their share and the procedure thereafter.
b) B) if by mutual understanding, a certain amount is given to the sisters, will their husbands have right to claim the share in property?
c) Can I prepare the docs. by myself without going to lawyer? If yes, what kind of deeds do I find on the website?
Your earliest response is highly appreciated.
With best regards.
Nadira Hyder
ajay sethi
(Expert) 18 January 2012
it is heartening to note that you want to give share to your sisters .
have the property valued . then divide property equally among brothers and sisters . if you dont want sisters to have shares in property give them equal amount in cash of the property value .
you need to prepare deed of settlement . advisable to consult a lawyer
R.Ramachandran
(Expert) 18 January 2012
Dear Nadira Hyder,
Whether it relates to Shia or Sunni, the distribution of the property in question will be as under:
Widow (i.e. your mother) = 1/8th
All the 4 sons = 14/104 each
All the 5 daughters = 7/104 each.
In order to perfect the division of the property equally in favour of the four sons, Your mother and all the 5 sisters have to relinquish their respective interest in the property equally in favour of their sons/brothers. This relinquishment deed has to be registered. Without registration it will have no effect.
WITHOUT ANY LINKAGE TO THE ABOVE RELINQUISHMENT, EITHER BEFORE OR SUBSEQUENT TO THE RELINQUISHMENT, THE SISTERS CAN GET THE CASH BENEFIT FROM THE BROTHERS.
IF THE CASH BENEFIT IS LINKED TO THE RELINQUISHMENT, THEN STAMP DUTY ALSO WOULD BE PAYABLE ON THE PROPERTY (IN SOME CASES BASED ON THE GOVT. VALUE FOR THE PURPOSES OF REGISTRATION).
Querist :
Anonymous
(Querist) 18 January 2012
Dear Mr. Ramachandran, thanks for your reply. The query pertains to a sunni family. May I request you to give an illustration/ example of :
Widow (i.e. your mother) = 1/8th
All the 4 sons = 14/104 each
All the 5 daughters = 7/104 each.
Also request you to share a sample of Relinquishment Deed or guide where to download from.
Appreciate your earliest positive response.
With bewt regareds,
Nadira
Deepak Nair
(Expert) 18 January 2012
Hope you are satisfied by the guidance of Mr.Ramachandran.
Since it is a mutual settlement, you can discuss the same among your family on the basis of the advise from Mr.Ramachandran and decide the amount and give to your sisters.
As advised by Mr.Ramachandran, the sisters and mothers can rellinquish their share in your favour. Relinquishment means without any consideration. Thus, if you pay money to your sisters for their share, then the same will be considered as sale. Therefore you will have to conceal the payment of money in case of relinquishment. Otherwise a sale deed have to be registered by paying necessary stamp duty.
Any ways, you are rightly advised by Mr.Ramachandran. I would suggest you to consult a good lawyer in your locality for further process.
Querist :
Anonymous
(Querist) 18 January 2012
Thanks for inputs Mr. Nair,Could you kind share the sample of Relinquishment Deed, if any?
Thanks once again.
Rgds
nadira.
R.Ramachandran
(Expert) 18 January 2012
Dear Nadira,
The calculation given by me applies to Sunni as well.
When the above calculation is based on the facts given by you (i.e. you have your mother, 4 brothers and 4 sisters besides you), I do not know what do you mean by "an illustration/ example of".
The following is the model relinquishment deed. THIS DEED OF RELINQUISHMENT is made at ... on this .... day of ..... between Mrs. xxx aged .... years, daughter of ..... resident of ...... hereinafter referred to as the 'Releasor' of the ONE PART; AND Mr. ..... (give the name of your brothers), son of ..... resident of ....... hereinafter referred to as the 'Releasees' of the OTHER PART.
WHEREAS: 1. The Releasor has inheritable interest in the immovable property ....... (give the full detail of the property in question) left behind by my late father ....... (give the name of your late father).
AND WHEREAS the Releasor and the Releasees are sister and brothers by relation.
AND WHEREAS the Releasor is married and well settled in life, and being a contended and being conscious of the fact that the brothers have treated me well throughout and have taken special care and concern and celebrated my marriage through their own funds, the Releasor do not desire to claim any interest or share in the aforesaid property left behind by my late father.
AND WHEREAS the Releasor, therefore, desires to release all her share, right, title and interest in the said property fully, completely and equally in favour of all the four Releasees, so as to enable the Releasees to enjoy the said property all for themselves, or to deal with it as they like.
NOW THIS DEED WITNESSETH that in the premises and out of natural love and affection and also conscious of the fact that the Releasees took complete care of the Releasor and her marriage expenses, the Releasor hereby releases and quits claim to all her share, right, title, interest, claim and demand in the aforesaid property described in the Schedule hereunder written unto and equally in favour of the Releasees to the intent and purposes that the Releasees will be the sole and absolute owners of the said property, without any let or hindrance from the Releasor or anybody claiming through or under her.
IN WITNESS WHEREOF the Releasor has put her hand the day and year first herein above written.
SCHEDULE OF THE PROPERTY: The entire interest of the Releasor in the property, viz., Flat/House bearing No....... situate at ......... BOUNDED ON THE NORTH BY ..... Flat/House/Vacant land (as the case may be) No... EAST BY ...... SOUGH BY ..... AND WEST BY .....
Signed and delivered by the within named Releasor:
Signed and delivered by the within named Releasee:
In the presence of:
Witnesses:
1. (Name and Address)
2. (Name and Address)
NOTE:
Please check up locally the Amount for which Stamp paper is to be purchased.
The Stamp paper is to be purchased in your (each of the sister who is going to release the property).
The purpose is to be indicated to the stamp vendor as 'Relinquishment Deed'.
The stamp vendor will write the name as also the purpose on the backside of each of the Stamp Paper.
After getting the stamp paper duly typed, get the same registered by approaching the Sub-Registrar's office under whose jurisdiction the property falls.
Querist :
Anonymous
(Querist) 19 January 2012
Thanks a ton Mr. Ramachandran & Mr. Makkad for your valuable guidance.
Further 2 small queries related to the same issue pls:
1) Should the Relinquishment Deed be prepared separately for Mother and each of the sisters (total 6 deeds)? Or should it be a single deed stating all the "Releasors" names(mother & 5 sisters)?
2) the last(5th)sister got married in 1995, and since 1996 due to some family disputes she absolutely has no contacts with any of us or any other relative. She neither attends any weddings, nor any deaths in the relations. Her husband does not even allow any of us to visit her, just once in a while secretly she talk to the mom over phone. Otherwise, absolutely no contacts for such a long period. Pls suggest how do we get her signed this deed? Can we proceed without mentioning her name anywhere in the deed? Pls guide
With kind regards,
Nadira.
R.Ramachandran
(Expert) 19 January 2012
Dear Nadira,
There is no hard and fast rule. Either all of you can execute one Release Deed or each one can give a release deed separately. Both are ok.
If your one sister cannot do it, then the brothers will get their partition done with the clear understanding that each one of them is liable to equally share the liability towards their one sister's 7/104 share at any point of time, in case she claims her right over it.
