Legal Question in Civil Litigation in India

My father died intestate in July 1997. He is survived by four legal heirs, i.e. his wife, myself, and two brothers. At the time of his death, he was the owner of two properties, one in New Delhi and the other in Hyderabad. He was the sole owner of the house (DDA Flats) at New Delhi. It was subsequently transferred in the name of my mother by the other legal heirs (myself and my two brothers) relinquishing their rights in the said property and the ownership title has been transferred in my mother's name. The property in Hyderabad was jointly registered in the names of my late father and my mother. Can my mother will the Hyderabad flat to any one she pleases? Also, please let me know what would have happened if we (the other three legal heirs) had not signed the Relinquishment Deed for the Delhi property in favour of my mother?


Asked on 3/08/11, 6:39 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Your question ?

1)Can my mother will the Hyderabad flat to any one she please ?

Ans ) No, she can only will her 50% share in that flat and four of you legal heirs have each share in your fathers 50% share that includes your mother too.

2)please let me know what would have happened if we (the other three legal heirs) had not signed the Relinquishment Deed for the Delhi property in favour of my mother?

Ans ) then all of you had 1/4th share in that flat that includes your mother too.

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Answered on 3/08/11, 7:24 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you all entitled to 1/4th share of both the flats, i.e. delhi and hyderabad irrespective of the fact that the same is registered on any of the legal heirs name. your father has died intestate so the equal right has accrued to you all. however, any of the heirs may relinquish or claim the share at his own will and accord.

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Answered on 3/08/11, 7:29 am


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