Property inheritance without a Will? Use this

Inheritance laws in India dictate that when a person passes away with significant assets, their heirs such as sons and daughters typically have the first claim to these assets unless a Will states otherwise. However, there are instances where legal heirs may voluntarily relinquish their inheritance rights to another person.

A recent case in the Bombay High Court involved a mother who signed a relinquishment deed, transferring her share of ancestral land to her son while her daughter retained her inheritance. As a result, the brother ended up with a larger share of the inheritance, comprising his own share plus his mother's.

When property is distributed among several legal heirs, especially in cases of intestate succession or when heirs already possess an undivided share from a prior partition, a release deed becomes necessary. This is a document that permits one co-owner or legal heir to waive their claim to inheritance in favor of another person who is also a legal heir.

Adnan Siddiqui, a partner at King Stubb and Kasiva, explained to ET Wealth Online that a release deed is required by the registrar if several legal heirs are sharing property and one or more wish to relinquish their share. The release deed is a crucial document that confirms the voluntary relinquishment of inheritance rights by one or more legal heirs in favor of others.

To avoid potential disputes in the future, Siddiqui emphasized that a release deed should clearly specify the property involved and the relinquishment of any right, title, or interest. It must be executed by the releasing heir(s) and stamped according to the relevant state Stamp Act. Additionally, the release deed should be registered at the jurisdictional Sub-Registrar's office along with the property's title chain and the heir's identity proof. Many states offer a concessional registration fee for release deeds executed among blood relatives.

The registration of a Will does not alter the legal requirement for a release deed. A registered Will provides a stronger evidentiary basis, as it is kept in safe custody with the Sub-Registrar, making it difficult to tamper with or deny its existence. However, registration does not guarantee the Will's validity, as it does not prevent challenges based on factors like lack of testamentary capacity, undue influence, fraud, or suspicious circumstances during execution.

If a registrar insists on a release deed despite a registered Will, it is advisable to seek a reasoned legal opinion first. If the registrar remains unyielding, the next step would be to file a writ petition in the jurisdictional High Court to compel the registrar to act on the Will.