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Prashant (Manager)     06 June 2011

Is relinquishment deed enough to sell inherited property?

My mother expired leaving behind three legal heirs - myself, my father and my sister. We have a house in Gurgaon jointly in the name of my mother and myself. We have an unregistered Will signed by my mother
and two witnesses. As per the Will her share of the property in Gurgaon has been given to me. My father and sister have no objection to the Will making me the sole owner of the house in Gurgaon.

I want to sell this house in Gurgaon and want to know the easiest and least expensive way to get the necessary legal documents for the purpose.
Can the Will be registered now and would it suffice to sell the house?
OR
Would it be better to get Relinquishment Deed for the house and would that suffice?

I believe that getting Succession Certificate is time consuming and expensive too. My father , sister or even the two witnesses (who are near relatives) would be willing to sign any papers in this regard, if so required.

Any advice will be highly appreciated.

 



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 2 Replies

Ravikant Soni (LAWYER IN JAIPUR)     06 June 2011

Yes a will can any time be registered. You can sell your property by that will. For more satisfaction on the part of buyer you may get signatures of your father and sister on sale deed as consenting parties.
1 Like

Prashant (Manager)     07 June 2011

Thanks for the prompt reply and for the clarification.


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