Release of rights through affidavit duly notarized.

PIYUSH SHETH (Querist) 11 November 2017 This query is : Resolved
Property: Residential Flat Ownership: Jointly owner by son and mother. Mother expired intestate a couple of years back leaving behind 3 sons, including the joint owner and 1 daughter (assuming all are alive) as her legal heirs. The 2 brothers and sister have signed a joint affidavit in favour of brother (joint owner) stating that they have no right, title and interest in the flat. The affidavit is made on stamp paper of RS.500/- and is duly notarized (registered notary with serial number). My question is; 1. Can the affidavit be considered sufficient legal document to transfer 100% rights in the flat in the name the joint owner? 2. If not, what is required to be done from the society point of view to make sure the transfer, if done, is not challenged in the future.

Follow Query

Report Abuse

Dr J C Vashista (Expert) 12 November 2017
Instead of affidavit on stamp paper of Rs. 500 it should have been Relinquishment Deed on a stamp paper of Rs. 100 duly registered with area/concerned Sub-Registrar.
Affidavit has no legal value.

Message likes : 1 times

Dr J C Vashista (Expert) 12 November 2017
The brothers and sisters who have relinquished their share must depose before the Court in a suit for declaration and perpetual injunction or a suit for succession.
Consult a local prudent lawyer for proper guidance and proceeding.

Susmita (Expert) 13 November 2017
I agree with Vasistha Sir. Affidavit has no legal value in respect of property. There are certain rules to be followed. Say them to make a relinquishment deed in your favour and get it registered.