Legal document
Vishwajyoti
(Querist) 19 August 2018
This query is : Resolved
Dear experts,
I and my younger brother are only the legal heirs. My deceased father has property in 2 towns Bhubaneswar and Delhi and some bank balance. The second property is little more expensive than the first property. I want Bhubaneswar property for my future. For thIs I have to pay him additional amount. I have already gave Delhi house in relinquishment deed. The bank balance worth 10 lakhs and additional 10 lakhs I have to pay to him for Bhubaneswar house.
Kindly advice me what type of legal binding document is to be made before paying hoon to avoid any kind of cheating. And is it compulsory to register it?
P. Venu
(Expert) 19 August 2018
The ideal course would have been to execute a common settlement deed.
Kumar Doab
(Expert) 21 August 2018
Which personal law applies in your case?
Are you all Hindu?
Were mother and wife of deceased father alive as on his date/time of death?
Did father leave any pre-deceased or alivbe daughter also?
Did deceased father leave any valid WILL?
Confirm!
Kumar Doab
(Expert) 21 August 2018
Which personal law applies in your case?
Are you all Hindu?
Were mother and wife of deceased father alive as on his date/time of death?
Did father leave any pre-deceased or alivbe daughter also?
Did deceased father leave any valid WILL?
Confirm!
Kumar Doab
(Expert) 21 August 2018
Which personal law applies in your case?
Are you all Hindu?
Were mother and wife of deceased father alive as on his date/time of death?
Did father leave any pre-deceased or alivbe daughter also?
Did deceased father leave any valid WILL?
Confirm!
Kumar Doab
(Expert) 21 August 2018
Which personal law applies in your case?
Are you all Hindu?
Were mother and wife of deceased father alive as on his date/time of death?
Did father leave any pre-deceased or alivbe daughter also?
Did deceased father leave any valid WILL?
Confirm!
Kumar Doab
(Expert) 21 August 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell/settle their share in anyone’s favor, by a valid/registered deed.
Like you have relinquished the rights in one property your brother might have also relinquished the rights in other property.
Settlement deed narrating the settlement as decided can be a document beneficial for all practical purposes.
Register the deed.
In case of family settlement deed someone may have opined to draw MoU and It may suffice.
If the deed chosen by you is registered by appearing in person before registering authority IT is best.
Kumar Doab
(Expert) 21 August 2018
IT shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in succession/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Obtain proper written legal opinion and let your counsel draft the deed!
A seasoned deedwriter can also help you to draft the deed.
If you are yourself properly informed with legalities of the matter and can handle the matter on your own, go ahead.
Vishwajyoti
(Querist) 22 August 2018
Doab sir, thanks for your valuable advice. We are hindu and mother passed before my father decease. We are only the two legal heirs and no sister.
Please tell me that relinquishment deed is to be done after making the legal heir certificate or can be done after we both get the ownership of the house.
Kumar Doab
(Expert) 25 August 2018
Did you relinquish (as mentioned in query) before getting legal heir certificate?
You have already relinquished, as per your post.
So what would be the benefit of making further inquiries!
Did you cosult before relinquishing?
Have you consulted a very able senior LOCAL counsel of unshakable repute and integrity, as already suggested, before signing relinquishment deed (registered), before posting this query in this thread, or in between?
You would have certainly got your answer and knowing the answers.
Check from LOCAL counsels if at locations mentioned by you (per State Govt laws/rules) relinquishment deed is registered.
Kumar Doab
(Expert) 25 August 2018
In case a legal heir has relinquished before issuing a legal heir certificate, then what wrongdoing in IT is to be found, in your matter!
Kumar Doab
(Expert) 25 August 2018
If other ClassI legal heir is willing to perform his part of obligation then get IT done, ASAP.
Hope you have irrefutable evidence of the agreement to perform obligations as narrated by you.
Approach a very able counsel as already suggested.
