Mit (Software engineer) 09 July 2023
R.K Nanda (Advocate) 09 July 2023
T. Kalaiselvan, Advocate (Advocate) 09 July 2023
Even though the property devolves equally on all the legal heirs of the deceased, some of the legal heirs would like to relinquish their rights in the property, for that they have to execute a registered release deed.
The law is that, if one or more of the legal heirs are desirous of relinquishing their rights in the property, then their respective share in the property will go to the common pool, means the property will then be divided equally among all other remaining legal heirs .
Therefore in the event of 4 of the legal heirs/successors in interest would like to relinquish their rights in the property then the property will devlolve equally among the remaining three legal heirs, thus each one of the remaining legal three legal heirs shall be entitled to inherit/succeed one third share out of the entire property.
But, before that the legal heirs who would like to relinquish their rights in the property have to execute a registered relinquishment deed in order to get released from the claim for their respecive share in the property and not by an affidavit.
P. Venu (Advocate) 09 July 2023
Yes, the legal heirs need to execute and register deeds relinquishing their rights, share and interest in the jointly held property.
It is impossible to modify the heirship certificate as per your assumptions and presumptions.
Mit (Software engineer) 09 July 2023
Thanks a lot for your valued opinions dear sirs... Very much appreciated..
T. Kalaiselvan, Advocate (Advocate) 10 July 2023
You are welcome for your appreciations
N.K.Assumi (Advocate) 10 July 2023
T. Kalaiselvan, Advocate (Advocate) is absolutely right. Affidavit is not an evidence.
T. Kalaiselvan, Advocate (Advocate) 10 July 2023
Dear Advocate Mr. N.K. Assumi, thank you for your endorsement of my opinion.
AGA ARVIND 12 July 2023
Legal heir ship document is a list of surviving legal heirs as per the applicable succession act(ie depending upon the religion (as.each has differentInheritance laws ).Hence here all siblings will be listed in the Legal heirship certificate.
Those who want to relinquish their respective rights to other siblings, they need to enter into a settlement deed or rlease deed in favour of the siblings they wish to gift their inherited shares.
here only one daughter is claiming for her 1/7th Share, others can settle it by gifting their inherited share to other coparceners.
ie after giving 1/7th of the share to the claimant daughter, balance can be settled through gift deeds and register it before the Regitrar.