Release/relinquishment deed by mother
Sivan S
(Querist) 12 July 2012
This query is : Resolved
Son dies leaving behind mother, wife and two children(all major) as legal heirs.
Mother(87years old and unable to travel) has executed ordinary Power of Attorney in favour of another son for any actions on her behalf for the deceased son's property.
For the mother's share of the son's propery can the POA holder execute Release or partition deed in favor of the deceased son's wife or children.
Kerala Hindu family.
Mother and deceased son's property at two different districts.
Which would be less in terms of stamp duty?
Kindly help.
Thanks in advance.
Dr J C Vashista
(Expert) 13 July 2012
Mother has to specify the actions to be permitted by the person in whose favour POA is executed. Of course she can authorise for execution of relinquishment of her own share. Stamp duty is a state subject, therefore contact local lawyer/deed writer/ Sub-Registrar/Property dealer.
ashutosh mishra
(Expert) 13 July 2012
YOUR Q ??For the mother's share of the son's propery can the POA holder execute Release or partition deed in favor of the deceased son's wife or children.
Kerala Hindu family.
MY ANSWER!! Yes provided POA is a registered document.
AND when only mother's share in sons'property has to be written to son's other heirs,it can be executed in the sub registrar of the office where property situate.
AND as regards to stamp duty it would be similar for all the districts of Kerala.
