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Mitesh Joshi (LDC)     16 October 2012

Need help settling a property inheritance issue

Dear Friends/Advisors,

I need some advice on a property inheritance situation that has surfaced.

A person expired suddenly living behind a substantial inherited as well as personal property. He is survived by his widow and 5 married daughters(no sons). Person did not make a will. Unfortunately 2 daughters are under the influence of criminal minded and antisocial elements who can advise them to act against the other heirs.

The solution that we are looking at is get a succession deed done. And in the same process also get all 5 daughters to relinquish their share in favour of their mother.

Now the question is, for the mother to have full control of the property is it enough for all  5 sisters to relinquish their share or should their husbands also must relinquish?

A local lawyer told me that if all sisters and their husbands relinquish except one person, then the entire property is divided into the remaiining heirs. Is that true?

Kindly adviise me on this situation. I am a friend of the family in question and have no benefits from this. Trying to help them out.

Thanks and Sincere regards.

Mitesh



Learning

 3 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     16 October 2012

Why should any legal heirs relinquish their rights ?

If some of the heirs wish to relinquish their rights they can do so even if other legal heirs do  not wish to relinquish their rights.

Also, it is not necessary that the property be transferred to their mother's ownership to keep it safe.

A property is safe to the same extent in India whether it is in the name of one person or more.

Any person has a right to be influenced by any other person if that his wish unless it can be proven in Court that the person is of unsound mind. Please let them make their own decisions. However, you can alsways advise them if they wish to listen to you.

s Jadhav

Mitesh Joshi (LDC)     16 October 2012

Dear Jadhav Sir,

 

Thank you for your reply.  I do understand and agree with the points that you have made. However the situation is such that we must do succession deed and relinquishment by all. Will it be ok if I can call you? Can not explain all details in a public forum.

Thanks and Regards,

Mitesh

S Jadhav 98336 98330 (Jadhav & Associates)     16 October 2012

yes you can 

S Jadhav


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