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My father died intestate and left a house in Gurgaon. I have a living mother and 2 sisters. Because of my mother's sour relationship with my father, she wants nothing to do with the estate. What is the process for a legal heir to relinquish interest?

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7 answers
General Legal
Posted on 24th May, 2017
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Advocate Mahima
Answered on 12th Jul, 2018
You have two options: 1. Either sell off the house and divide the amount earned, in 3 equal parts and settle down the matter by mutual agreement 2. obtain an NOC from your sisters that they do not want a share in the property.
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Advocate Nishant
Answered on 30th Jun, 2018
First get the legal hier certificate from the authority... Get the death certicate of your father and noc of your mother and both sisters ....let them know that ur the legal hier of the property ... After that you may file an application before court to appoint you as an administrator of the property and then you may do whatever you like to do.... Sell , live peacefully ar renovate ...
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Advocate Prerna Oberoi
Answered on 4th Sep, 2017
The Relinquishment Deed shall be drafted and should specifically state that your mother consensually is relinquishing all her rights in the property of your father and thereby it can be transferred in favor of you and your sisters. This deed shall be signed by your mother. However, for your further information for a legal heir to formally give up their claim in an inherited property, the registration of Relinquishment deed is a mandate. [A relinquishment deed is a legal document by which a legal heir(In this case the mother) to an inherited property formally gives up his/her claim to other legal heirs of the said property. The said deed must be systematically executed and registered as per Section 17 of the Registration Act, 1908. The registration takes place in the office of the sub-registrar within whose jurisdiction the property is situated].
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Advocate Sucheta D.
Answered on 30th Aug, 2017
Your mother is not interested to do anything with the house of your late father. Does it mean she is not interested in doing partition of it or she wish to release her right from the said house ?
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Advocate Bankim
Answered on 29th Aug, 2017
First file with the Court for letter of administration and alongwith the same you can fie your mother NOC stating that she does not want any rights in the property and she relinques her rights in the property.
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Advocate Priyanka Rai
Answered on 29th Aug, 2017
Your mother can sign a Deed of Relinquishment where in she states that she has relinquished her right in the property of your father, in the favour of you and your sisters. The said Deed must be registered.
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Advocate Lalit
Answered on 29th Aug, 2017
According to the Hindu law your mother and all her children are the 1st class legal heirs of the estate left behind by your father. A deed of relinquishment can be registered by your mother and your 2 sisters in your favour to make you eligible to get the property mutated in your name and become the rightful owner.
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