Relinquishment of rights in favour by member of an HUF

it the above query by mistake i have mentioned my and his sisters. It is actually my father and my two sisters to relinquish their rights in my favour.

It is enough that the karta (your father) executes a reliquishment deed in your favour.

The relinquishment deed must also be attested by your sisters with their consent for the transfer of property in your favour.

Mr Rohit

Your query has two issues (1) Execution of relinquishment deed by your father and sisters & (2) Dissolution of the HUF.

I suggest the following action at your end.

(i) The dissolution of the HUF would involve a total partition of the HUF property, meaning thereby that all assets of the HUF should be distributed amongst the members of the HUF. For this purpose you will have to draw a Memorandum of Partition (MoP) that would record that an oral partition took place a few days before the date of MoP. Such an MoP would also describe the manner in which the members of HUF have been allotted their shares in the HUF property. MoP should be drawn up in case it is intended to partition immovable property by metes and bounds. In case the partition is intended after the sale of property a Partition Deed evidencing the total partition should be drawn up.

(ii) Thereafter, your father and your sisters can execute a relinquishment deed in your favour.

Mr.Rohit,

1. So as to avoid future legal complications and claims, it is always advisable to get a partition deed exeuted and registered. All the members of the HUF shall be made as parties to the said partition Deed. But as per your version, your father and your sisters are not going to receive any movable or immovable properties. A partition would involve division of properties among members of HUF by metes and bounds. But in your case, it seems your father and sisters are not getting any movable and immovable properties. So, only below mentioned option left to you as per your explanation.

2. Obtain a registered relinquishment deed from your father and sisters. But you will have to pay some consideration to your father and sisters. it is not sufficient if your sisters attests the relinquishment deed, but they should also be added as parties to the said relinquishment deed.

3. So as to dissolve the HUF, all of you can execute a memorandum expressing your intention to be separated or dissolution of HUF