Transfer of share (residential) property

This query is : Resolved 

11 July 2019

As per my Fathers WILL i have 50% share of the property ,now I have decided to give my share of property to my brother,willingly.

Query 01/-
can it be written on a plain paper? & what would be the document called in Legal terms .

R.K Nanda (Expert)
Click to Talk
11 July 2019

Execute registered release deed in favor of your brother.

kavksatyanarayana (Expert)
11 July 2019

Ji, Yes. execute a Relinquishment (Release) deed in favour of your brother.

munshilal (Querist)
12 July 2019

Thank you experts Kavksatyanarayana & R.K.Handa--
further my next question is -does the Relinquishment (Release) deed to be made in favour of my brother-- before or after the Mutation done in the Municipal records ,please do clarify.

Sudhir Kumar (Expert)
12 July 2019

what is the property.

If it is landed property and not transferred in your name then you can do it by NOC on appropriate stamp paper/plain paper as per local regulation. It transferred in your name then by registry only.

munshilal (Querist)
12 July 2019

Attention Sudhir Kumar-thanks for the prompt reply,But it did not answer my specific question

Query is can a Release deed be executed before the process of Mutation in the Municipal records or the said Deed in question is to be executed after the Mutation has been done in the Municipal records- as the said property is residential & is within municipal limits- please answer with clarity.

krishna mohan (Expert)
12 July 2019

Release deed can be executed if property stands in your joint name. If not Settlement deed could be the right solution and do it with the guidance of local lawyer after perusal of all title deeds.

Dr J C Vashista (Expert)
12 July 2019

I respectfully differ with experts opinion and advise.
The property can be transferred by executing a registered "Gift" or "Sale Deed" but it can not be transferred through Relinquishment Deed.

munshilal (Querist)
13 July 2019

@ Dr.J.C.Vashista

Since the WILL of my late father says so i have 50% share-- Now as per my sweet will, i want to give my share to my brother --

You have mentioned by the Virtue of a Gift/Sale deed Registered..-

question is ?
For a lay mans understanding in what situation /circumstances can the the Relinquishment Deed be executed?

13 July 2019

Dear Sir,
You may execute a release deed and get it registered in the name of your brother.

Please mark “LIKE” if satisfied by my answer.

munshilal (Querist)
13 July 2019

@ Kishan Dutt (Retd.Judge)
when should the Release Deed be executed , before or after the Mutation in the Municipal records?this my ultimate concern--

Hemant Agarwal (Expert)
18 July 2019

1. "IF" property is already mutated in your name in the Municipal /Revenue Records, "THEN" execute a duly stamp duty paid Registered GIFT DEED.

2. "IF" property is "NOT" mutated in your name in the Municipal /Revenue Records, "THEN" execute a duly stamp duty paid Registered RELEASE DEED, by annexing the WILL document.

Keep Smiling .... Hemant Agarwal

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