relinquishment deed
abhishek
(Querist) 09 May 2011
This query is : Resolved
we have a house in name of our mother who expired. as legal heirs of house we (me ,my brother and sister) relinquished our shares to our father.my father gifted the house to me.
now my question is this can my brother and sis claim their share which they relinquished they say they relinquished the mothers property and when our father becomes owner they again become legal heirs of my fathers property..... is this true{our property is not ancestral}
R.Ramachandran
(Expert) 09 May 2011
Only when your brother, sister and you have relinquished your share in your mother's property through a REGISTERED RELINQUISHMENT DEED, in favour of your father, your father can become an absolute owner of the property. Otherwise not.
If, Once your father becomes an absolute owner the property in the above manner, he can do anything with the property as he likes. No one can claim any share in the property. If your father, gifts the said property to you, then you will become the absolute owner. Your brother and sister cannot claim any share.
Raj Kumar Makkad
(Expert) 10 May 2011
Even though your brother and sister had become owners on the demise of your mother but they all relinquished their right including you in favour of your father voluntarily without any term attached hence being exclusive owner of property your father is free to make any settlement of that property which be treated as his own self acquired.
