Revoking inheritance right from one son out of two
Shamim Ahmed Qureshi
(Querist) 10 May 2018
This query is : Resolved
My friend's mom is the owner of a flat purchased by my father who passed away.
She wants to revoke the inheritance rights from other Son X and want to make my friend SON Y the only legal heir
She do not want to give Son X any share in the property as he has already taken lot of money.
Can She make an affidavit duly notarised, mentioning as under:
1. She has withdrawn the inheritence rights from SON X because of reasons a, b, c etc
2. She declares Son Y is the only legal heir of the property and has the right of inheritence
Is Affidavit a valid document incase of court matter by SON X or his wife
Dose Declaration need to be attested by Witnesses as well
What other documents tobe prepared for protecting interest against court matters
Guest
(Expert) 10 May 2018
If at all the Lady is the absolute owner of the said property she could decide on her own the inheritance.
Guest
(Expert) 10 May 2018
Executing a Settlement deed now it self in favor of whom she decides now it self would avoid issues in future..
Guest
(Expert) 10 May 2018
Also note a Settlement deed could be cancelled by the Executor with out the consent of any one if she holds all the documents with out handing it over to any one during her life time.
Guest
(Expert) 10 May 2018
Cost wise the settlement Deed is more reasonable and less than any other documents at Registrar Office.
Guest
(Expert) 10 May 2018
Discuss with Senior document writers at concerned Registrar Office.
Kumar Doab
(Expert) 10 May 2018
You query is ;
“My friend's mom is the owner of a flat purchased by my father who passed away. She wants to revoke the inheritance rights from other Son X and want to make my friend SON Y the only legal heir She do not want to give Son X any share in the property as he has already taken lot of money. Can She make an affidavit duly notarised, mentioning as under: 1. She has withdrawn the inheritence rights from SON X because of reasons a, b, c etc 2. She declares Son Y is the only legal heir of the property and has the right of inheritence Is Affidavit a valid document incase of court matter by SON X or his wife Dose Declaration need to be attested by Witnesses as well What other documents tobe prepared for protecting interest against court matters”
Isn't IT?
Kumar Doab
(Expert) 10 May 2018
Thus owner of flat is your friend’s Mom..
And the said flat is purchased by your father!
In that case your father’s legal heirs including you may rise anytime in future and rake up a dispute, since your father’s money is involved.
Are you all unwilling and are large hearted to let your father’s money be invested in buying flat for your friend’s mom!
Which personal law applies in this case?
Or are all (means all) involved: Hindu (say by birth or conversion)?
The funds invested are self earned/acquired or ancestral by your father?
What is source of income of your father/
Your father has paid money and registered the sale deed in the name of the Lady as in your query (your friend’s mother)?
How the money was paid; cash/cheque/DD/NEFT-RTGS etc? Who signed the cheque? Who deposited the money for DD? From whose a/c funds were transferred?
What was the amount of consideration in sale deed?
What is the narration in sale deed e.g; funds are from source……?
Your friend’s mother has her own source of income/proof of source of funds?
In the said deed is not sale deed then what exactly IT is?
Confirm!
Kumar Doab
(Expert) 10 May 2018
In case of the said affidavit what exactly you want IT to become say; WILL?
Or IT is your matter and not of your friend’s?
Or IT is not your father that has bought the flat in the name of your friend’s mother and IT is father of your friend?
In case of Muslims ( your sect/sub-sect) there may be a cap on max % of estate that can be disposed by say; WILL?
Kumar Doab
(Expert) 10 May 2018
If you have some issues to not to confirm facts than;
Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest..
Check at LOCAL Civil Courts, HC,SC……..
Kumar Doab
(Expert) 10 May 2018
Inheritance is by birth as per provision of personal law that applies to citizens in Republic of India ...............
and cannot be snapped by any parent or any child...
Yes the parents can dispose their share in ancestral estate/property, self earned/acquired estate/property by their free will in their life time by a valid/registered deed..
They can also release newspaper advertisement expressing their intention to snap ties with (adult) sons/daughters ..and cautioning public to deal with at their risk....inform jurisdictional PS on facts/complaints and narrate in valid/registered deed
P. Venu
(Expert) 11 May 2018
The query is misconceived! How could 'your friend's mom' be the owner of the property 'purchased by your father'?
Kumar Doab
(Expert) 11 May 2018
Thanks for agreeing Ms. Usha Kapoor, Mr. P.Venu.
