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Sundarram (NA)     14 May 2012

Release deed procedure

 My father passed away 3 months ago without a will, we want to transfer my father’s property in my mother’s name and all 3 of we siblings (2 daughters and 1 son) are willing to relinquish our rights over the property. I am told she needs to obtain a legal heir certificate and for this we  have to get a registered release deed prepared and sign that.

What is the procedure for preparing this deed?

Do we need to submit copies of property documents to the court for this purpose? What will be the procedure in case of more than a single property?



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 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 May 2012

You've been advised correctly. You would have to execute a registered relinquishment deed following which your mother can obtain the legal heir certificate and then proceed to get the properties mutated in her name with local authorities. 

1 Like

A V Vishal (Advocate)     14 May 2012

Mrs Sundaram,

A better alternative will be a partition deed instead of a relinquishment both in terms of stamp duty and registration charges and for tax planning.

1 Like

Sundarram (NA)     15 May 2012

Mr.Vishal, what is a partition deed and how does it work out to be better than relinquishment deed?

A V Vishal (Advocate)     16 May 2012

Partition is division of property in metes and bounds. You can write down a partition deed and get it registered so that the ownership is transferred onto your mother and reflects in the revenue records. However, in a relinquishment also the ownership is transferred, but the revenue mutation shows 3/4 share released in her favour. Further the stamp duty and registration charges are least in case of a partition than relinquishment, last but not least, relinquishment is taxable in the hands of the releasors under tax laws whereas a partition of HUF property is not.

1 Like

Sundarram (NA)     16 May 2012

If we get a partition deed made, will my mother be able to sell the property independently? She plans to sell it.

A V Vishal (Advocate)     17 May 2012

Yes, she can


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