jog prakash 10 April 2017

Release deed

Sir,My parent had purchased a flat in Thane city(maharashtra)jointly from their own earned income in1992.My mother's name 1 & father's 2.My father died in 1994 without making will.Myself,age 60 & my elder brother,who passed away in1998 at the age of 43 are children of our parent.I am staying with my wife & 2 major son in the same flat.My elder son is married.My late brother's widow lives with her 2 major son separately.My one nephew is married.My mother expired in 2016 & she made a will,in which she gifted the same flat to my elder son(her grandson).Now my question is to own this flat legally by my son(her grandson),according to her will, how many release deeds are necessary & from whom.Could it be a single deed mentioning all the person?.Please guide

Prakash

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4 Replies

Kumar Doab (FIN) 10 April 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN) 10 April 2017

IN case of Father: It is simple case of inheritance (Intestate Succession).

ClassI Legal heirs of Hindu Male i.e; Mother (if alive as on date of death), wife (Your mother; as per your posy she is alive), sons and daughters………… shall share equally.

The share of pre-deceased/deceased son shall devolve equally upon his ClassI legal heirs.

Submit Death certificate, legal heir certificate, requisite forms/annexxures to authority under whose jurisdiction property falls and complet the process for Intestate Succession, to record inheritance. Obtain latest mutation records.

Kumar Doab (FIN) 10 April 2017

In Case of Mother: Hindu Woman has left a (valid) WILL. It is case of Testate Succession.

The WILL may be submitted to act upon to authority under whose jurisdiction property falls and complete the process for Testate Succession.

Probate at your location may/may not be required. Check locally.

In case there is NO dispute then let the authrotiy and your counsel know about it.

All Legal heirs may have to sign NOC.

If property is self acquired of Hindu Woman: the 1st right is of Husband (if alive as on date of death. As per your post he i.e. your father redeceased his wife i.e. your mother), sons, daughters. All Legal heirs may have to sign NOC.

The share of deceased son shall devolve equally upon his ClassI legal heirs.

Kumar Doab (FIN) 10 April 2017

The ClassI legal heirs of your father can, dispose their share to anyone by a valid deed; say: sale/gift/release/relinquish/transfer…………………….as suitable/applicable at your location/in your case. The duty/fee for each case can be inquired by you locally.