FLAT
Querist :
Anonymous
(Querist) 03 December 2009
This query is : Resolved
A FLAT OWNED BY A LADY ACQUIRED BY HER FROM HER HUSBAND WHO EXPIRED WITHOUT A WILL SHE HAS 2 CHILDREN . BY TAKING RELINQUISH DEED FROM THE CHILDREN IS SHE SAFE AND WHAT IS THE TAX OR STAMPDUTY IMPLICATIONS PLS REPLY
Adv Archana Deshmukh
(Expert) 03 December 2009
If both the children relinquish their shares in favour of their mother then the lady shall become the sole owner of the flat
mahesh kumar yadav
(Expert) 03 December 2009
hi
this is mahesh, with regard to above issue, first of all u should obtain legal heir certificate from court and then if u want to proceed with relinquishment in you favour, if the childrens are minor they should be reprsented by thier natural guardian ie mother, mother should sign all the documents on bahalf of children
joyce
(Expert) 03 December 2009
mother becomes the sole owner of the property,but whether children are major or minor to relinquish the property is a question? If minors, mothers right will be ristricted.she cannot become the sole owner, she has to maintain the property to the extent of childrens share for thier welfare.if they are major, then they have right to relinquish their right in property by way of executing the relinquish-deed, which may or may not be registered.
Raj Kumar Makkad
(Expert) 03 December 2009
I ratify the well reaoned opinion of Joyce. Minors cannot make any contract/relinquishment. In such matters, mother is the only surviving natural guardian but she cannot take their property in her favour thus she is not safe at all.
There are no tax implications in the given matter.
