Property inheritence
shobhit
(Querist) 12 January 2015
This query is : Resolved
My grand grand father A has 5 sons.a,b,c,d,e.
e have one son ea and a daughter eb.
mr b and mr c died very early without merriage..
Mr a wrote a unregistered will( 40 years old will ) in favor of ea ( son of e ).in which he mention that he is giving his part to ea and by mutual understanding the property of b and c ( both r dead at that time ) is given to ea ( son of e ).as he was the only care taker of that time ..i have a affidavit of witness of that will that will is true.
1 question does grand sons of mr d can claim of that property.
2 question is that eb ( daughter of e ) mutualy said that time she dont want any property so can on the basis of her written NOC can i grandson of ea can transfer her property into my name..
I want dakhil/ khariz of house and want to remove all the name who is dead.
Only Eb ( Daughter of e ) is alive and is 80 years old.
malipeddi jaggarao
(Expert) 13 January 2015
What do you mean by mutual understanding the property of b and c (both r dead at that time) is given to ea?
1.If this mutual understanding is not reduced in writing whatever rights "ea" has got on the property, the sons of "d" also have the similar rights.
2. written NOC does not have any legality. such relinquishment should be reduced either by regd.gift deed or registered relinquishment/release deed.
You cannot ask for removal of names singly, unless all the legal heirs join together in such request.
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
If b and c have died at an early age without marriage, then their share of property will devolve on the surviving class II legal heirs, for example, on a, d and e, therefore a can divest his share of property inherited that way to ea and not entire share of b and c to ea, the legal heirs of d (if d died intestate) will inherit that share of property of who inherited such a share of his intestate brothers b and c.
as far as eb's share to ea, she has to execute a registered release deed relinquishing her share of property to ea and not by mere NOC. After all such legal partitions arrived at, a partition deed may be drafted, get it registered and get the property mutated accordingly.
