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Manish (self)     05 October 2012

Relinquishment deed

Hi Experts,


I want to understand that for a property in Maharashtra if the Father is deceased in 2004 and has 2 sons ,2 daughters(married) and mother left behind then can all the legal heirs i.e 1 brother,both sisters and mother relinguish the property in favour of other brother.Also is it mandatory that the property be transfered in the name of the mother who will excute the Will to distribute the property.Early reply would be appreciated.


Regards,

Manish



Learning

 2 Replies

Advocate Rohit (Advocate)     06 October 2012

Dear Manish,

 

All the legal heirs need to apply for the legal heirship certificate before the HighCourt at Bombay and then all the legal heirs can relinquish their rights in the said property in the favour of one legal heir, if they wish so.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Anish Thakur 7018812737 (advocate)     06 October 2012

dear querist ,

as reply to your query ,the brother,two sisters and mother can directly reliquish their right over the property in favour of other brother ,the theory of doctrin of reliquishment will apply in this case and can done through any tehsil level revenue court by registered reliuishment deed,there is no need to approach the high court as hight court dnt entertain such issues directly.feel free to call if you have left any query


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