Vije 29 September 2019
Abhishek Das 03 October 2019
The legal heir chooses to give up rights in the inheritance, he or she will have to present a written letter in favour of other heirs, stating they are giving up their claim in the said property and in such a case, the children of this person will also not be able to stake claim over the property in future.
According to Section 104 of the , the legal heir would have a vested interest in the legacy after the death of the person who made the Will. But Section 332 of the same Act says that the approval of the administrator— a person appointed by the court to administer the assets of the deceased person, typically, in the absence of a Will—is necessary in order to give the legal heir complete rights to his or her legacy. According to this Section, the assent of the administrator is required only to complete a legal heir’s title to his or her legacy and not for its acquisition. However, if a person forgoes the right before the approval of the administrator, then his or her children or family member will have no right in the said property.
a deed of relinquishment can be set aside on the same grounds a contract can be set aside. Since there is no consideration or price in a deed for relinquishment, the way to challenge and set aside the deed of relinquishment is on the grounds of fraud, undue advantage, misrepresentation or similar grounds. If the person in whose favour the shares are relinquished is unwilling to cancel the deed, you must approach the civil court for cancellation of the deed. The limitation to approach the court starts from the date when you come to know any such deed has been executed against your intersts in the property. In India, that period of limitation is three years as per limitation act.
https://www.nrilegalservices.com/procedure-relinquishing-inheritance/
https://www.kaanoon.com/43137/relinquishing-share-of-property-and-heirship-laws
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