share- hindu succession -
Advocate.S.A.Siddiq
(Querist) 17 October 2010
This query is : Resolved
male Hindu dies intestate his property .
Legal heirs are sons, daughters, widow and of the deceased.
Widow of the decease wrote the settlement deed to her daughters (1/3 share) before partition. This settlement is valid or invalid?
niranjan
(Expert) 17 October 2010
It could be relinquishment deed and it is valid.
Devajyoti Barman
(Expert) 17 October 2010
How the share comes to 1/3rd when the legal heirs of the deceased seem to be more than 3 persons.
Surrender K Singal
(Expert) 17 October 2010
Relinquishment Deed of widow's share could benefit the daughter as per widow's wish;
It may be advisable to get such deed registered
Vinoba
(Expert) 17 October 2010
Hello,
The mother can either execute a settlement deed in respect of her share/moeity or relinguish her share by way of a relinguishment deed in favour of her daughters and both are legal. But the percentage of shares referred by you is not correct. She can execute a deed only in respect of her 1/4th share and not 1/3rd as mentioned in your query. Therefore the deed is not valid only to the extent of the excess share relinguished or settled.
L. Vinoba
Advocate
Pondicherry.
Sri Vijayan.A
(Expert) 18 October 2010
The deed, settlement or release, is valid.
However, the quantum of share depend upon the no.of heirs
