Legal Question in Real Estate Law in India

A) My father died intestate in 1997, leaving behind four legal heirs (his wife and three sons). On the date of his death, he had three properties -

i. a house in Delhi solely in his name;

ii. a house in Hyderabad in the joint names of him and his wife;

iii two plots of land in Chennai, solely in his name.

B) To faciliatate various payments,we three sons relinquished our respective shares in the Delhi house.

As far as the Hyderabad house, it was clarified by Law Guru that 50% of the share belongs to our mother, and the rest 50% is to be eqully divided among the four legal heirs.

In respect of the Chennai property, it has to be equally shared among the 4 legal heirs.

C) Now, my mother wants to transfer the ownership of the Delhi house to my youngest brother, Hyderabad house to my immediately younger brother, and the Chennai property in my name. She has requested the rest of us to give a deed of relinquishment in respect of the Hyderabad house in respect of my second brother, and a relinquishment deed in my favour for the Chennai land.

D)Can I give a conditional relinquishment deed in respect of the Hyderabad property, stipulating the condition that it will be valid only if the other legal heirs execute the relinquishment deed in my favour ( for Chennai land) within one month of my executing my deed of relinquishment?

Thank you in anticipation.


Asked on 3/11/11, 7:55 pm

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Yes you can give a conditional relinquishment deed in favour of your brother. The answer about 50% of the share belongs to our mother, and the rest 50% is to be equally divided among the four legal heirs etc was given by me. You should acknowledge the same.

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Answered on 3/11/11, 9:14 pm


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