Mohammed Azharudeen SBA
(Querist) 05 November 2019
This query is : Resolved
We have one grandmother property. She got recently expired. My mother is entitled to that property as per the desire of my grandmother, which every one of the legal heir is aware. There are totally eight legal heirs. I have couple of questions in this regard:
1. is it possible to execute a release deed in any sub-registrar office or is it mandatory to execute a release deed only at the place where the property is located. The reason for this question, legal heirs are hesitating to travel 500 KM for executing the release deed.
2. Is there any exception to the rule that all legal heir should be present for executing release deed.
(Expert) 05 November 2019
Ji, the Release deed shall be executed at SRO where the property is situated. But all the legal heirs shall execute a Special Power of Attorney in favour of one legal heir to act as an Agent on behalf of them where they are residing, authoring the Agent to execute only a Release deed for the property in favour of your mother. And you have not mentioned where the property is situated and the jurisdiction of SRO. Now in many states online (any where) registration is introduced. so inquire this in your area.
Dr J C Vashista
(Expert) 09 November 2019
The releasing party has no option but to travel 500 kms to get the release deed signed, executed and registered with area Sub-Registrar where property is located.
It is advisable to consult a local prudent lawyer for better appreciation of facts/ relevant documents, guidance and proceeding if it is not an examination hall question paper.