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Querist : Anonymous (Querist) 22 June 2024 This query is : Resolved
Grand father have two sons and a daughter he does a will in favour of two sons..after his death intakaal done property comes according to will after tht one son died intestate.. intakal done and his share divided to wife son and her mother ..according to revenue deptt now her mother can do realease deed or will to give back share and but if she dies intestate property will goes in 3 share her daughter and her both sons or their legal heirs..now her mother is in not in mood for any will or release deed to anyone..so what's the legal remedy to get back the property after her death..or some remedy before her death..

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kavksatyanarayana (Expert) 22 June 2024
She can execute the release of her rights to remaining two persons for her share or gift to anyone as she wishes.

T. Kalaiselvan, Advocate (Expert) 22 June 2024
The mother has to execute a registered release deed relinquishing her rights in the share of the property.
If she is unable to move out of her bed then you can bring the registrar to your home on payment of fees for the purpose and get the release deed registered at home in the presence of witnesses.
This will solve the purpose.
If you do not follow the process at the earliest i.e., during her lifetime then upon her intestate death you cannot do anything except requesting her other legal heirs to execute the release deed to release their rights out of your grandmother's share in your father's property

Querist : Anonymous (Querist) 22 June 2024
As said she is not in mood to do anything in anyone favours she can be in pressure becoz she lives with them..so after her intestate death her other legal heirs not execute release deed so in tht case is their any remedy..can we go to court this case and how much chances to get our share back from court

T. Kalaiselvan, Advocate (Expert) 23 June 2024
If she is not cooperating to execute a registered release deed in favor of you people then you cannot do anything about it neither you can force her to act as per your desire.
If she dies intestate then her other legal heirs along with your father's legal heirs are entitled to a share out of her share in the property, which you cannot refuse to give them, because that is law

P. Venu (Expert) 24 July 2024
"one son died intestate.. intakal done and his share divided to wife son and her mother ........"! Is it HIS mother (mother of the deceased son) or HER mother (mother-in-law of the deceased)? How could the mother-in-law be a legal heir?

What is the personal law applicable to the deceased? Where is the property situated?

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