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naresh A Mr. (Others)     05 November 2014

Can a heir release his rights in living mothers property

A mother has 4 children, a son and 4 daughters. She has one and only one immovable property in her name.

The clarification is this: She is still alive. But wants to bequeath her property in the name of her 3 daughters only.

I can understand that the mother can leave a Will to this effect. But she wants to make sure there are no issues after her demise.

So can the son release his rights on that property in favour of the 3 daughters when the mother is still alive through a release deed?   Please clarify!



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 3 Replies

Anil Upadhyay (Lawyer)     05 November 2014

How she got the property and whether the property is registered in her name as absolute owner????? If yes .. Than she can dispose the property in the way she want.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 November 2014

Dear, Yes through relinquishment deed. Adv kapil chandna, 9899011450

naresh A Mr. (Others)     06 November 2014

Thanks. But the real question is this: When the mother is alive, and the property is in her name, will the son have any rights on the property. So if the son does not have any rights on the property when she is alive, can he still relinquish his rights (where he actually has none) using a release deed?


I can understand that after the demise of mother the son might get rights....but does he have it when she is alive?


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