Release deed
Querist :
Anonymous
(Querist) 30 May 2018
This query is : Resolved
Hi,
I am 28yrs old lady working in IT company. My father expired in 2011 and my mother wants me to sign a release deed since I am getting married to a guy of my choice. Its written that after my marriage I will have no right on any family related property or finance matters. I have a younger sister. My mother says that she is doing this for the safety of all 3 people. And in future she will get a 'will' saying the family property will be divided by us sisters after her lifetime.
Please provide suggestions on how this might affect me or benefit me.
Thanks.
Guest
(Expert) 30 May 2018
Once you execute such a Deed you would loose all the Rights. What would happen in future is Un certain. Better request your mother to execute partition if she is very particular. Discuss with local advocate.
Adv. Yogen Kakade
(Expert) 30 May 2018
No one can force you to sign or execute any document such as release deed. It is advisable for you to talk and discuss with your mother and sister and do the amicable settlement.
Ms.Usha Kapoor
(Expert) 30 May 2018
No! Don't sign any release deed. The moment you sign you will never have any right,title and interest in family property.Try to reach an amicable settlement without involving yourself in signing in Release or Relinquishment Deed.
Guest
(Expert) 30 May 2018
All that depends upon how much love, affection, regard and belief, you have with and on your mother. Only you know that. Otherwise, you have a sole discretion to sign or not to sign any release deed, as you have a claim for equal share with other family members in the property of your deceased father.
Vijay Raj Mahajan
(Expert) 30 May 2018
Once you make release or relinquishment deed for your share in the Family or self acquired property of your deceased father that becomes binding on you for that share in such property.
As far your mother making Will in your favor for bequeathing her share in equal portion with your sister in that property is concerned that she can always do and you will get the equal share along with your sister in that property of your mother.
This just an arrangement made where from one hand taking your share in the property and from second hand giving the share back to you.
Kumar Doab
(Expert) 30 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 30 May 2018
Which personal law applies in your case?
Are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Have the deceased owner e.g. your father left any valid WILL disposing said property?
As per your post you are unmarried as on date of death of your father!
The property is in which state?
Confirm!
Kumar Doab
(Expert) 30 May 2018
Till married by valid marriage as per customs and provisions of personal law that applies in your case he ( with whom you want to marry in future) is stranger and has NO share in your estate/property.
In case of Hindu’s the share is as per Hindu Succession Laws.
In case of Hindu’s; spouse (to be husband as in your case) has NO forced share in property of other spouse (wife as IT would be in your case).
In case of Hindu woman the nature and source of property matters…
If nature of property (undisposed) is self earned/acquired/absolute then 1st right is of; husband (if alive as on date of death of wife)…………… sons and daughters….
If property has devolved from parents side then 1st right is of ; sons and daughters….or legal heirs of father if sons and daughters are absent.
If property has devolved from husband side then 1st right is of ; sons and daughters….or legal heirs of hsuband if sons and daughters are absent.
Kumar Doab
(Expert) 30 May 2018
Apparently the issue is of share in property in question that you got by inheritance.
The WILL can be changed any time by testator; say your mother.
Once you release by (registered) release deed, you will be no more owner.
IT is entirely your personal decision to agree to release or not.
You can think of perspectives;
Registered family settlement deed with boundaries
Partition by boundaries…by partition deed
Settlement deed with life rights (for your)
WILL by you
Conditional gift deed
You may convince your mother and allay her apprehensions..
Or act as deemed fit to you e.g; suggested by your mother…
