Release of rights through affidavit duly notarized.
Querist :
Anonymous
(Querist) 10 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.
Isaac Gabriel
(Expert) 10 November 2017
Notarized relinqishments is no valid in law. If registered, is valid.
Guest
(Expert) 10 November 2017
Academic question. No question of assumption.
Advocate Bhartesh goyal
(Expert) 10 November 2017
Mr isaac Gabriel is absolutely right Notarized affidavit is not a valid document for relinquishment of right..A registered relinquishment deed will serve the purpose.
kavksatyanarayana
(Expert) 10 November 2017
I agreed with the advise of expert Mr.Issac Gabriel ji.
Ms.Usha Kapoor
(Expert) 11 November 2017
NOtarized relinqueshment deed would not serve our purpose.ONLY Duly registered relinqueshment deed serves our purpose. Any way if one of the Joint owner or co owner dies intestate hds share would go that is 50% of share w9uld pass on to the surviving coowner/Jt.Owner and not to the legal heirs. of the deceased co owner. This is acciording to law of Joint/coownership and well settled.
Ms.Usha Kapoor
(Expert) 11 November 2017
If you appreciate my answers to your queries please give me likes
Rajendra K Goyal
(Expert) 11 November 2017
No advice to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Guest
(Expert) 11 November 2017
I endorse the views of the expert Shri Isaac Gabriel.
Querist :
Anonymous
(Querist) 11 November 2017
Dear Experts,
Thank you for your advise.
Special thanks to Mr Issac Gabriel for your advise to the point.
Ms.Usha Kapoor, though I am not a legal expert but to the best of my understanding the % share of the deceased joint owner will not automatically get transfer to other owner.
Mr.R.Goyal: As per you advise, I have posted the same query again and this time not as an Anonymous. Will appreciate your valuable advise.
Thanks
Guest
(Expert) 11 November 2017
Let me help Mr. Rajendra K Goyal to easily trace the new query with the real ID of the querist at the following link:
http://www.lawyersclubindia.com/experts/Release-of-rights-through-affidavit-duly-notarized--661716.asp
Hope, on his wish fulfillment by the querist, Mr. Rajendra K Goyal would like to satisfy the querist with his perfect advice.
Dr J C Vashista
(Expert) 13 November 2017
No response for an anonymous author.
Guest
(Expert) 13 November 2017
Well Advised by Experts except Mr Vashita who should not try to make his own rules here.
Guest
(Expert) 13 November 2017
Mr Vashit if not interested to reply or do not have a reply could ignore the Query
Guest
(Expert) 13 November 2017
There are No Restrictions to Post as Anonymous or to reply an anonymous
Guest
(Expert) 13 November 2017
Mr Vashit should not treat him self as Law Maker Here.
Guest
(Expert) 13 November 2017
Wasteful thread
..............................................................................
Rajendra K Goyal
(Expert) 13 November 2017
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Rajendra K Goyal
(Expert) 13 November 2017
In which capacity expert has posted posts commenting on senior expert Dr. J.C. Vashishta ji.
If have problem, inform / take up with administrator.
Rajendra K Goyal
(Expert) 13 November 2017
Experts should abstain commenting on other experts. Difference of opinion can be there, decorum need to be maintained.
Rajendra K Goyal
(Expert) 13 November 2017
Some experts are very serious to increase no. of posts through vague / unwarranted / irrelevant posts. A good method to increase replies without having legal knowledge.
Rajendra K Goyal
(Expert) 13 November 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
Guest
(Expert) 13 November 2017
With irrelevant posts, Mr. NJS Rajkumarr and Rajendra K Goyal seem to be bent upon to get the LCI site closed ASAP.
Guest
(Expert) 14 November 2017
Hai Jiga alias Dhingra Useless Idiotic Post to be avoided
Guest
(Expert) 14 November 2017
Mr. NJS (NOT JUST SURE), alias Rajkumar, alias Narasimha, alias Kumar Doab,
Sometimes, some dull headed persons or being unfit to use their own brain unwittingly become tool of someone else. So, is it not the instance where you would have presented the example, as if you have also become tool of Mr. Kumar Doab in aping him without applying your own brain. So, I have a doubt, either you are Mr. Kumar Doab, in the present identity or you have become the tool of Mr. Kumar Doab to utter his words.
ABOUT YOUR OWN POSTS, NOW INTIMATE, WHICH ONE IS THE SENSIBLE POST YOU HAVE MADE SO FAR OUT OF YOUR FIVE POSTS ABOVE? ALL ARE YOUR USELESS IDIOTIC POSTS. THAT IS WHY, MY OBSERVATION.
Now, you may please like to confirm, what you are, i.e, yourself, Kumar Doab, or merely a tool of Mr. Kumar Doab?
Guest
(Expert) 16 November 2017
Hai Jiga alias Dhingra Use less idiots Yes Obviously I am Mr Kumar Doab and agree with your assumptions So what
Guest
(Expert) 16 November 2017
Sorry include Rk Goyal with you and refer as Jiga alias Rk Goyal alias Dhingra please
Rajendra K Goyal
(Expert) 16 November 2017
Expert has used word use less idiot for me and other experts.
Such language should not be used.
Rajendra K Goyal
(Expert) 16 November 2017
Before advising others experts should follow their own advice first.
