Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Release Deed

(Querist) 11 April 2018 This query is : Resolved 
We are two brothers and one sister, elder brother Married and stays with his family in a rented house since fourteen years. My younger sister is married and stays with her in-laws. My self living in an apartment Flat with my family and my mother, my father died in year 2004. Flat is self acquired property documented in KABZA RASID with joint owners(Father and Mother). Our Society is non trading society. My elder brother met an accident and he is in unconscious state since 25/01/2018 till date. His wife is demanding for my brother's share in the flat. They(Brothers wife and his two sons ) have ran away and left my brother alone in the hospital since 01/03/2018. after that myself is looking after my brother in Hospital and payment of hospital is done by me.Pls guide me , is my mother single sole owner of the flat or all legal hier's share the flat. Our Society is demanding Release deed of all legal hier's , for transferring my name in Share certificate of my flat. My mother is insisting to transfer my name only in the share certificate of my flat. Is it possible. Pls guide
Ms.Usha Kapoor (Expert) 12 April 2018
Since property/flat is in your mother's name let her transfer by way of gift the flat property in your name with minimal stamp duty and registration charges. Since your mother is the absolute and sole owner of flat property after your father's demise she as absolute owner can sell, gift., bequeath, exchange, mortgage etc of that flat property.Hence release deed is not necessary unless it is Jt family or ancestral property.
Get the gift deed registered with clear wording or clauses that donor herein transfers the property by way of gift and the donee herein accepts the property herein
Guest (Expert) 12 April 2018
Vague advice of a fake expert, Ms. Usha Kapoor, if she states that your mother is absolute and sole owner of the flat property in the joint name of your mother and deceased father.

Guest (Expert) 12 April 2018
No definite opinion can be formed in the absence of the information, whether there existed any nomination or will for the half share of property pertaining to your father or not?

Please note, share holding of the society and the flat in a society are two distinct property. Both cannot be equated in any way. In the absence of any nomination in the name of your mother, she cannot be said to be the sole and absolute owner of either the share holding of the society or the property pertaining to the share of your deceased father. So, in that case, your mother can neither transfer the joint shareholding of the society, nor the share of property belonging to your deceased father in the name of anyone of you.
BRIJESH L PATEL (Querist) 12 April 2018
Sir, there is no nomination or will created by my father.
Ms.Usha Kapoor (Expert) 12 April 2018
Property is self acquired propert in the Joint names of both late husband and his wife now mother of queriest. In that case Mother becomes sole owner of the property. Number of property matters I*'ve done. So my opinion is correct Challenge. Show it to any specialist other than vashista. Kumar Doab does property matters well. You can ask him. OR SOME NEUTRAL -PROPERTY EXPERT, RAJENDRA kUMAR GOYAL.Venu etc
Ms.Usha Kapoor (Expert) 12 April 2018
You can Approach Rsaj KumarMakkan also.
Guest (Expert) 12 April 2018
In the absence of nomination or will, your mother cannot be treated as sole owner of the joint property in the names of your father and mother. Your father's share of property will heave to be divided equally among the legal heirs of your father, i.e., your mother, brother, sister and you, if not relinquished the rights of each in the name of your mother. Your brother's wife cannot claim the share of your brother during her life time or if not declared as brain dead. You cannot also claim the share of your hospitalised brother, may he be unconscious and his treatment is being looked after by you. So, the society is not wrong in asking relinquishment deed of all the legal heirs in the name of your mother, if your mother is to be made the sole owner of the said property.
rajeev sharma (Expert) 12 April 2018
let me know for the sake of my knowledge ( no offence intended ) how a co owner of a property may be absolute owner of full property on the death of other co- owner
P. Venu (Expert) 12 April 2018
At present the property is jointly vested with the mother and the children. Anyone of them can become absolute owner only if the others relinquish their rights in the property through a deed, duly registered..
Ms.Usha Kapoor (Expert) 12 April 2018
According to Hindu law OF JOINT OWNERSHIP NORMALLY IF ONE JOINT OWNER(JOINT TENANCY) DIES PROPERTY GOES TO THE SURVIVING CO OWNER/S. BUT IN CASE OF WIFE AND HUSBAND OWNING 50% EACH OF SHARE IF ONE OF THEM DIE OR DIVORCE THE OTHER- TENANCY IN COMMON COMES INTO PLAY. ACCORDING TO TENANCY IN COMMON IF ONE CO OWNER OR joint OWNER DIES HIS SHARE DOESN'T DEVOLVE ON SURVIVI8NG CO OWNERS BUT DEVOLVES ON HS LEGAL REPRESENTATIVES OR LEGAL HEIRS. SO YOUR MOTHER HAS RIGHT TO GIFT HER SHARE OF 50% only in your FAVOR AND THE REMAINING 50% WILL BE DIVIDED AMONG ALL LEGAL -REPRESENTATIVES AS TENANTS IN COMMON THAT IS YOUR MOTHER, AND TWO BROTHERS AND YOUR SISTER. SO THE SOCIETY WAS RIGHT IN ASKING FOR RELEASE DEED FROM YOUR MOTHER and OTHER SIBLINGS.
Dr J C Vashista (Expert) 14 April 2018
1. Tenancy, share in society and title of flat are different connotations where different laws are applicable. Tenancy is irrelevant issue raised hereinabove by an impersonating expert.
2. Society can not transfer share of a joint member in the absence of nomination, will, succession and/or relinquishment from other LRs of deceased member.
3. Title of the flat can not be claimed by wife of surviving one amongst other LRs of the deceased.
4. Payment of hospital bills and taking care of your brother has no concern with the flat.
5. You along with your brother (hospitalized) are equal shareholders along with your other brother(s)/ sister(s) in 1/2 share of your father.
Guest (Expert) 14 April 2018
How funny, misleading and contradictory advice of Ms. Usha Kappor, where in her first two posts she declared the mother and the widow of the deceased, as the absolute and sole owner, thereafter she talked about tenancy, which did not have any relevance with the query, and thereafter she changed her stance stating that the share of the deceased co-owner does not devolve on surviving co-owner?

She does not hesitate to post any senseless and misleading advice for any issue just to earn her points irrespective of what damaging effect her advice can make on the rights and interest of some innocent querist.
.
rajeev sharma (Expert) 26 April 2018
Mr JIGYASU to an extent i do agree.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :