How share in property is decided after executing relinquishment deed?
Under Hindu law, Father A died in 1965 and Mother B in a later year. A's daughters D1, D2, and D3 relinquished their rights in 1966 in favor of sons S1 and S2 through a registered relinquishment deed. At that time, D4 was a minor and did not sign the deed. Since the relinquishment by D1, D2, and D3 occurred before the Hindu Succession (Amendment) Act, 2005, and was legally registered, they had no further claim even after their mother B’s death. However, D4, who was a minor at the time and did not relinquish her share, still has a legal right in the property, especially after B’s death, as the relinquishment deed didn’t include her. Even though she is now a U.S. citizen and seriously ill, she can still relinquish her share in favor of S21 by executing a relinquishment deed through a duly notarized and apostilled Power of Attorney (PoA) in favor of someone in India, who can appear before the Sub-Registrar on her behalf. Regarding the collapsed wall, S21 can initiate the process to get the property mutated or partitioned legally (with the consent of remaining legal heirs or through a court process), so that he can obtain legal ownership and carry out necessary repairs or reconstruction.
D1, D2, and D3 gave up their rights in 1966, so they have no claim now. D4 still has a share. She can give up her share to S21 by signing a Relinquishment Deed or Power of Attorney from the US. S21 can get the property transferred legally and take permission to rebuild the wall. For further legal assistance contact us on our helpline number.
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