My spouse had inherited a home from her mother and father. We by no means lived in it and it was placed on lease. She handed away three years in the past with out writing a Will. I’ve three daughters. I need that property to go to certainly one of them. Do I’ve the proper to try this? If not, what might be completed?
It’s assumed that you’re a Hindu by faith and accordingly, the Hindu Succession Act, 1956 is relevant on this on the spot case. Your spouse handed away intestate, i.e., died with out writing a Will, abandoning her property. The succession of such properties are ruled by Sections 14, 15 and 16 of the Hindu Succession Act, 1956.
As per the Act, the properties of a deceased feminine will go in equal shares to her class 1 authorized heirs. Part 15(1) of the Act offers that the daughters, sons and husband of a deceased feminine are her class 1 authorized heirs.
It’s assumed that your spouse is survived by you (within the capability of her husband) and three daughters and there aren’t any sons within the stated wedlock. Due to this fact, as per the Indian legal guidelines, equal shares of the property will go to the three daughters and to you, i.e., one-fourth share every.
The share that every particular person will get on account of the succession will vest completely in them. Such shares might be transferred or gifted or given via a Will to any desired particular person.
Whereas it will likely be the only real proper of the opposite two daughters to take care of their shares within the method that they please respectively, you’ll be able to switch your share, i.e., one-fourth of the overall property to the specified daughter. This may be achieved by opting one of many strategies.
You possibly can execute a relinquishment deed (often known as launch deed) or reward deed in favour of the specified daughter. This mainly signifies that an proprietor of a property will relinquish or quit or reward his or her rights within the property in favour of one other particular person. This relinquishment deed or the reward deed, because the case could also be, needs to be adequately stamped and registered with the involved sub-registrar of properties. In some states, stamp obligation is exempted on a doc via which a property has been transferred in favour of a blood relative.
Alternatively, you too can execute a Will via which you’ll declare the possession of your share within the property in favour of the specified daughter. The Will needs to be clear and needs to be signed by you as testator and needs to be attested by two witnesses. Though a Will is just not mandatorily required to be registered with the involved sub-registrar of properties; if the identical is registered, it’ll minimise the potential of future disputes. Moreover, you might be required to make sure throughout your lifetime that the Will stays unamended as far as the declaration of possession of your share within the property in favour of the specified daughter is anxious.
In case your different two daughters additionally intend to surrender their share within the property to their sibling (i.e., the daughter to whom you might be transferring your share), all three members (two daughters and also you) may collectively execute the discharge deeds or reward deeds in favour of the specified daughter. Nonetheless, this must be completed by the events of their very own free will.
Abhilash Pillai is accomplice, Cyril Amarchand Mangaldas.
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