Relinquishment deed

The relinquishment deed is a legal document by which a person formally gives up his claim to another person. The relinquishment deed must, therefore, be systematically executed and registered as per Section 17 of the Registration Act, 1908. The registration of the relinquishment deed must be done in the office of the sub-registrar within whose jurisdiction the property is situated.The unregistered relinquishment deed is not a valid deed in the eye of law. In the case that has been mentioned by you in your query, the relinquishment deed has to be executed separately and registered on the file of respective sub-registrar within whose jurisdiction every property is situated. In case, the relinquishment deed is not executed and registered during life time of the mother-in-law, then the legal heirs of the deceased would be entitled to inherit the properties of the deceased in accordance with their personal law. In respect of acceptance of legal heir certificate issued by a Tehsildar form another State...., if the certificate is issued by a jurisdictional Tehsildar , i.e a Tahsildar of the Taluk wherein the deceased and all the legal heirs are living, then it can be accepted in another State. However, if the legal heirs of the deceased are living in different areas / States, then it is a disputed question of fact and law and so depends on the discretion of the concerned court, if dispute arises on this point. You may be required to approach the appropriate court for issuance of legal heir certificate and also the succession certificate. The properties of the deceased will be inherited by the legal heirs of the deceased on basis of these certificates.

Dear querist, how many legal heirs are there?  The mother of deceased person may relinquish her rights over the properties in different States in favour of all other Legal Heirs not only in favour of her daughter-in-law, if other legal are there.  As you queries if her mother died before execution of relinquishment (release) deed, all other legal heirs have equal rights over the properties.

Probate of a Will is necessary if the properties are situated in Bengal, Bihar, Orissa, Assam, Madras and Maharashtra, If the properties are in any one of these regions and since there is no Will, the legal heirs will have to get Letters of Administration from the appropriate court, a legal heir can not execute a relinquishment deed without first proving his/her title to the share of the property. It will be prudent to consult a pracicing advocate.

Thank you for your reply. Still, I have not understood the below 1.In case mother of deceased dies before relinquishment deed is executed in her life time, whether the remaining legal heirs would get the automatic rights over her share of property OR legal heirs of the mother i.e brothers & sisters of the deceased? 2. Old aged mother lives in Telangana state and she is not in a position to move to other states for executing relinquishment deed. In such case how to manage this situation where the properties are located in TN & AP. If the deed is executed in Telangana, will it not be accepted by the registrar of the other states?

Mother of the deceased owner of the property can not execute a relinquishment deed of her share till she proves her rights to the property share. She can approach the High Court of the State of her residence and get a letter of administration. In the event of her demise all Legal heirs of mother shall share equally in her share of the property.

Sir, the other respected lawyer kavksatyanarayana mentioned in his reply incase of mother's death before her claim on property the other legal heirs will have equal rights on that share whereas you have expressed differently. What is correct? In simple terms to understand our case... The Person r/o Chennai died without leaving a will. He has 3 properties in 3 different states (TN, AP & Telangana) There are total 4 persons in family as legal heirs. (Mother, wife, son & daughter). Legal certificate was issued from TN Tehsildar office. Mother lives in other state with other living son and she has no intention to claim the right over her share of property. The other 3 family members want to distribute one property for each without any dispute. Mother is not in a position to move to other states for fulfilling office formalities due to old aged & health conditions. In such case what exactly is required for mutation of property in revenue/ municipal records to get the name changed in favor of one person. The other three are ready to sign any documentation without dispute. Kindly advise

Everyone may express his opinion generally and only the local advocates after studying documents and facts can advise you suitably.  The opinions expressed by members are general in nature and it is always the local advocate that can deal with the issue.   When the properties worth several lakhs, never hesitate to get a good legal opinion from an expert advocate.