Dear All,
My father died four years ago leaving behind myself, my mother and a brother (No Sisters). There is(was) the owner of property which he purchased 12 years back with GPA in his name and the Executant of GPA had his WILL registered in Sub-Registrar office. Now since there was no WILL of my father, all the above are his legal heirs. We want to dispose off the property. My brother has gone to Maharashtra and doing a JOB there. There is very little possibility of he can come to his native place this year. My lawyer is saying to get a "Release / Relinquishment Deed" executed by my brother on a 100/- non-judicial stamp paper of maharshtra. Which my brother will get it registered at Mumbai and send to us. By this deed my brother will release his share for my mother for the love and affection from her. And this release shall be for without any consideration and will be binding on my brother - his legal heirs etc. etc. My brother is ready to Execute this deed. My question is - Is this the Right approach to dispose of the property of my deceased father in the absence of his WILL? Please reply or suggest at the earliest.
Thanks & Warm Regards,
Ashish.
Dear Ashish,
As far as disposition of the property is concerned in your case, as it was your father's self acquired property and inview of his death, all of the family members (as mentioned by you) are the successors of the property your brother releasing his share in favour of your mother is appropriate and inview of the said relinquishment deed yourself and your mother will become owners of the property and you both have a right to sell the same to any prospective buyer.
regards.
