Relinquish rights
Judith George
(Querist) 19 March 2014
This query is : Resolved
we are buying a flat from a widow and 3 sons in Mumbai who have inherited the flat as per the HSA as their father died in 2004 and did not leave a will (self acquired flat in the fathers name alone). The share certificate is in the name of the widow. While 2 sons are in India; one son is in the US with an American passport and might be holding a PIO card. The entire sale money will go to the widow, as the sons don't want the money. What should be done in this case, so that we have a clear title and there is no claim made on the flat by the sons in the event the widow passes away. Your expert opinion is appreciated. thank you.
ajay sethi
(Expert) 19 March 2014
contact a local lawyer . the widow and 3 sons are the legal heirs of the property . sale deed should be signed by all the legal heirs . or other legal heirs should execute relinquishment deed in favour of mother
how can share certificate be in name of widow when she is one of the legal heirs only and not full owner of flat
Rajendra K Goyal
(Expert) 19 March 2014
The sale deed has to be executed by all the legal heirs. The son in USA may send POA in favor of his mother.
Kumar Doab
(Expert) 19 March 2014
The options have been explained by the experts.
Judith George
(Querist) 19 March 2014
thank you Experts for your opinions. Also how does the law define Ancestral property as per Hindu Law? Can a self acquired flat in Mumbai purchased by the father; inherited by the wife and sons on fathers demise be termed as Ancestral property by the sons?
Judith George
(Querist) 19 March 2014
would you have a template for the "deed of relinquishment" of flat self acquired by Hindu person and later inherited by wife and sons on his demise.
