Release deed
ANVESH
(Querist) 02 February 2017
This query is : Resolved
A person wants to relinquish its rights in favour of his daughter in law. whether he can do that, inspite of the fact that his son is alive.
R.K Nanda
(Expert) 02 February 2017
why he want to do so?
Rajendra K Goyal
(Expert) 02 February 2017
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Kumar Doab
(Expert) 02 February 2017
Is daughter in law a Co-sharer?
ANVESH
(Querist) 02 February 2017
Kumar Doab ji
Daughter in law is not co sharer
ANVESH
(Querist) 02 February 2017
R.k.nanda ji
It was his wish to do so
Kumar Doab
(Expert) 03 February 2017
If Daughter in law is not co sharer, then he can gift by a valid deed.
P. Venu
(Expert) 03 February 2017
What is the real issue?
ANVESH
(Querist) 03 February 2017
Father in law does not want to give property to his son
P. Venu
(Expert) 04 February 2017
Father-in-law, during his lifetime, can deal with his self acquired property at his discretion. He can gift, will or otherwise transfer his property to the daughter-in-law or anyone of his choice.
ANVESH
(Querist) 04 February 2017
Venu Sir,
But my issue is that when daughter-in-law is not a co-sharer of the property with father - in-law, than in such circumstances whether father- in- law has a right to transfer his property in favour of his daughter- in- law by virtue of release deed, when daughter - in - law has no pre-existing right in the property.
As per my knowledge a property by way of release deed or relinquishment deed can be left in favour of other person only when the other person is having some pre-existing right or vested right or he being a co-sharer of the property, else not.
so in such a situation the execution of release deed in favour of daughter-in-law , whether is valid mode of transfer of property or not?
Rajendra K Goyal
(Expert) 04 February 2017
Full language of the document need to be referred, discuss with local lawyer.
Adv. Yogen Kakade
(Expert) 04 February 2017
Here you are talking about the release deed, Did you mean transfer of rights?
P. Venu
(Expert) 04 February 2017
For any further suggestions, courtesy requires that you should take us into confidence as to how you are related to the subject matter and of your perceived rights, if any, that involved.
Kumar Doab
(Expert) 04 February 2017
Pls respond to the points raised by experts.
ANVESH
(Querist) 05 February 2017
Goyal Sir, P. Venu sir and Kumar Doab sir,
Being a lawyer as you already know what is to be written in the release deed. The release deed is yet to be written, so i just want to know whether a release/ relinquishment deed by a father- in- law in favour of his daughter -in-law is valid or not inspite of the fact that she is not a co-owner or co-sharer or co-purchaser of the property
Dr J C Vashista
(Expert) 09 February 2017
No, FIL can not release and transfer his share in favour of DIL by Release Deed. He may gift or sale the property.
Kumar Doab
(Expert) 09 February 2017
Give up the idea of Release deed.
As already suggested;Explore other workable options e.g; Gift or sale.
ANVESH
(Querist) 09 February 2017
Thanks my problem is resolved
ANVESH
(Querist) 09 February 2017
Thanks my problem is resolved
