Did brother and sister execute registered gift deed or relinquishment deed in favour of mother 

2) if so mother is absolute owner of property 

3) she can bequeath property to son / grand son without daughter consent 

If the relinquishment deed was not executed by a registered deed and if she had only expressed her no objection orally then she can claim her share in the property as a right. 

If her mother is not willing to allot her share then the daughter can approach court with a suit for partition to divide the property equally and allot her share with separate possession. 

If they are not willing to allot her share on a mutually agreed terms of partition then she may have to approach court for relief and remedy. 

The time taken by court for disposal of the case cannot be predicted,  however it may generally take three to five years. 

Legal heirs of daughter as grand children are not bound by the signing away of her right by their mother. The grand children have absolute right to share in the property of their grandfather. It is not clear as what was the document under which rights were relinquished by daughter whether by registered deed or any other document. If that is known better advice can be given.

Dear sir/ma'am,

This depends on the manner in which the daughter had given the property in the first place. If a relinquishment deed was signed by the daughter, then she cannot claim share in the property. However, if this is not the case, then she can rightfully approach the court either for partition of property or for compensation as relief. Time taken for the proceedings to end can range anywhere between 3-6 years. Thank you.

1. Assuming that both the brother and sister have executed a registered Release Deed in the jurisdictional Sub Registrar's Office, relinquishing their rights over the property in favour of their mother, then the mother will be independent to take any decision with the property, including giving the property (4 Flats) to the son and/or minor grandson only and not giving any property to the daughter.

2.  If the brother and sister had only given NOC in favour of their mother, then, in view of intestate death of their father, each legal heir ( mother, brother and daughter) will be entitled to 1/3rd share and the mother can't give the entire property to son and/or grandson ignoring the right of daughter.

3.  Maximum time limit is 12 years from the date of the registered document executed by your mother in favour of her son and/ or minor grandson.

4.  If it's not possible for you to convince your mother to claim your 1/3rd share in the property, then send a legal notice for partition of your share in the combined property and if there's no positive outcome, file a suit in the jurisdictional Civil Court for partition declaration and separate possession of the property by metes and bounds in your favour.

Dear Querist

If there is any registered relinquishment deed executed by all the children in favor of their mother then the mother is the absolute owner of that property and now the mother may use, transfer, sell, or a mortgage that property as per her own choice, and there is no requirement of consent of any other person.

in the above scenario, the daughter cannot claim any share now.

if there is no registered relinquishment Deed then the daughter can claim her share.

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- As per law, after the death of father , this property would be devolved upon all the legal heirs. 

- Further, any legal heir can release his respective share in favour of one after executing release deed. 

- If brother and sister given right to mother , then that GPA must be registered . 

- If the said GPA having clause for releasing share , then the daughter cannot claim share in future. 

- Further, mother can give all share in favour of son /minor grandson , if daughter has already released her share in favour of mother by way of registered document .