Legal Question in Real Estate Law in India
My father died intestate. There is a self acquired land property in his name and a self acquired land property in my mother�s name . My mother, me and two sisters are his heirs. I and my mother have entered our names in the legal heir certificate issued by tehsil office as my sisters do not want any share in the property of father or mother.
Is it valid if sisters do not want their names in the legal heir certificate? What will they have to do for not claiming any share in any property?
Can I and my mother make a registered partition deed and share both properties according to our mutual consent as my sisters do not want any share?
2 Answers from Attorneys
in case sisters do not want a share, they will have to relinquish their share otherwise at any point of time, they can allege that you and mother in collusion entered their names in property papers. the sisters have to be major and in case married, the consent of their husband is also required.
Before you register a partition deed with your mother by mutual consent, you certainly need to take no objection in the form of Relinquishment deed from your sisters. Husband may or may not be witness to such Relinquishment deed when registered.
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