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Govind MNM (Legal Advisor)     01 June 2011

Which document is advisable?

I have come across a case wherein there is an aged couple who has three brothers and two sisters.The couple has three houses,a shop and some farm.

The three brothers wants to relinquish their rights in favour of the two sisters. How to give effect to this transaction? Do they need to execute a relinquish deed,family settlement Agreement or gift deed? How to get an No objection from three brothers?



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 13 Replies

Govind MNM (Legal Advisor)     01 June 2011

The five children of the couple are willing to settle this transaction in peaceful manner

pervez (adviser)     01 June 2011

Yr query is incomplete.. does not give full facts.. e.g. a couple can not have three brothers and two sisters..

Govind MNM (Legal Advisor)     01 June 2011

I have clarified it.....but for your information.........couple has five children......i.e. three sons and two daughters

raj kumar ji (LAW STUDENT )     01 June 2011

so mr.govind all the three brothers make a relinquiesh deed for his sister .

Govind MNM (Legal Advisor)     01 June 2011

All the property stands in the name of the father and mother. Three sons have no name in this property. They should have the right and title to make a relinquish deed.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     01 June 2011

It is better to exeucte the rights relinquish deed to avoid the future dispute amongst the sons

prabhakar singh (advocate)     02 June 2011

THE BEST COURSE IN MY OPINION IS THAT THE COUPLE(SPOUSES) OWNING THE PROPERTY SHOULD DONE THE PRPOPERTIES IN THE FAVOUR OF SISTERS AND BROTHERS SHOULD GET IT SIGNED AS NO OBJECTOR;

I SO ADVIS BECAUSE  NEITHER THE BROTHERS NOR THE SISTERS OWN THE PROPERTY IN PRESENT,THEY HAVE MERE A CHANCE OF INHERITENCE IN FUTURE.

HOWEVER GIFTS ONCE MADE,AND ACCEPTED MAKE SISTERS OWNER JUS THEN AND THERE AND COUPLE WILL CEASE TO HAVE ANY OWNERSHIP RIGHTIN PROPERTIES SO DONED OR GIFTED.CHANSES MAY ARISE THAT WHEN THEY BECOME OLD NO BODY LOOKS AFTER THEM AND THEY FEEEL NEGLECTED.

TO AVOID THIS CIRCUM STANCE A REGISTERED WILL MAY BE DRAFTED AND ATTESTED APPOINTIN SISTERS TO INHERIT AND REASONS SHOULD BE RECORDED WHY BROTHERS ARE BEING DISCORDED FROM IN HERITENCE AND IT SHOUL BE GOT SIGNED BY BROTHERS SO THAT SUCH A WILL IS IN THEIR KNOWLEDGE SO THAT NO DISPUTE ARISES AS TO WILL AFTER THE DEATH OF COUPLE.

1 Like

Govind MNM (Legal Advisor)     02 June 2011

Thank you all for your valuable contribution but there are some pending cases for that property. The couple can not go to the court and handle the matter further. The couple also wishes to settle this transaction till they are alive. They do not want to leave it until their last breathe. It is getting a bit complicated.

1 Like

prabhakar singh (advocate)     02 June 2011

then ,tome,GIFT ,WOULD BE BEST.

1 Like

THANKACHAN V P (Advocate & Notary)     27 July 2011

It is better to execute a Gift Deed in favour of the daughters reserving life interest upon the property with the parents and sons can be witness to the execution.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 July 2011

Make a private trust and transfer all the properties in the name of trust and make the daughters benefiaciaries or even trustees.

K.M.MURALI (TREASURER)     28 July 2011

I am going to start an trust .What's is the procedure & how to make an document for the trust ,it contain all in one example:women,chid education consumer protection etc.Is there any model for the document

JT Rajasuriya, Chennai (Advocate 98410 53790)     31 July 2011

It shall be done with a family arrangement, with a clause wherein the brothers shall relinquish their rights to the sisters.

N.B. The schedule should show which sister gets what property.


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