Legal heir
Querist :
Anonymous
(Querist) 09 March 2021
This query is : Resolved
Sir my grandfather died on 2015 and had a self acquired building and a plot of land in his name , he is left with my grand mother, 3 sons and 2 daughters in which 1 daughter died in 2017(left with a son). he died without a will. Now as the property and a piece of land is divided equally between my grandmother, 3 sons and 1 daughter and daughter's son.
The daughter, daughters son and grandmother wish to give away their share they will get from the property in favor of 1 son, would it be possible. a the property is still in the name of my grandfather. which deed will i need to make, Do we have to pay stamp duty to transfer.
SHIRISH PAWAR, 7738990900
(Expert) 09 March 2021
Hello,
Your grandmother, 3 sons, one daughter and daughter's son are the legal heirs of your grandfather. You have to get legal heirship certificate of grandfather and one expired daughter from court in the name of all legal heirs. Thereafter legal heirs can transfer their share in the name of 1 son.
Advocate Bhartesh goyal
(Expert) 09 March 2021
Legal heirs of grandfather can relinquish their respective share to 1 son by registered relinquishment deed.It requires nominal stamp duty.
kavksatyanarayana
(Expert) 09 March 2021
You stated that the property and a piece of land divided among all the legal heirs. Is it registered? If not, now register the partition deed, and then you put an application for the mutation in individual names. Then others can gift their share to one son. If not partitioned, all the legal heirs shall relinquish their share to one son.
Querist :
Anonymous
(Querist) 10 March 2021
Thanks for the replies, the property is now in the name of my grandfather.
1. I want to know the process?
2. Do I need to apply for partition and get the property mutated and then daughters will have to gift their share to one son, as gift deed require stamp duty in our state
3. Or should the daughters and other whose wish to give away their share get a relinquishment deed registered and the property will directly be transferred to one son
4. will the relinquishment deed allow transferring the the share of 3 legal heirs to only 1 son as their are 2 more sons(legal heir).
Somebody said
If the partition had not taken place, co-owner can not release his undivided share in the joint property in favour of few co owners, It should be in favour of all, in the interest of all co owners.
Is this true with relinquishment deed???
J K Agrawal
(Expert) 10 March 2021
Relinquishment deed it to relinquish share in favor of all remaining ones.
To give share to any particular person is Transfer which is possible by sale or gift only. Both attract stamp duty at value of property.
To execute a relinquish or to sale or to gift No "prior partition" or 'division by court' or 'heirship Certificate' or 'succession certificate' required by law. All these are optional and fancy items.
P. Venu
(Expert) 13 March 2021
If the property has been divided, how it is in the name of grandfather. You have not posted all the material facts.
