My father died inestate and the self acquired property of my father was gifted by my mother to her grandson. He did not left any will as it has been 5 years since my father died but till date no copy of will is shared with me. When I asked my mother she says it is not there. She says it was your father's wish to give the property to the grandson. I presume the property may have been transferred to my mother by way of nomination. But does that give her the right to gift to her grandson without the consent of her class 1 legal heirs. Now if there is no will then will the gift deed become null. Do I have to send a legal notice to my mother and her grandson for claim in the property.
I remember my father during his lifetime had taken a plain affidavit for relinquish of right in property from all the legal heirs which is not registered but notarized. It is primarily a declaration of intent where someone declares they are giving up their rights in the property. I understand that affidavit is merely an intent whereas a release deed is more legally binding document. The affidavit/consent does not meet the requirement of Section 49 of the Registration Act. Right on property can’t be relinquished on non-registered consent affidavit: Gujarat HC in the matter Roshanben Hajibhai Deraiya W/O ... vs State Of Gujarat on 9 July, 2021. (C/SCA/10065/2020 JUDGMENT DATED: 09/07/2021)
Please advise if I can claim on the property of my father. Will the affidavit will create any issue.
