Relinqueshment deed / transfer

svetlana (Querist) 07 April 2013 This query is : Resolved
hi lawyersclubindia.com team pls help

muslim family father has left will for two brothers how do I register the property in our brothers name with registrar and how I do I do mutation / transfer of property with municipality ?

do we have to do both registration and transfer ?

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ajay sethi (Expert) 07 April 2013
where is the property situated? if it is in mumbai get probate of will done .

is it a flat in cooperative society or independent bungalow?

on basis of detah certifcate and probate make an application for tenasfer of property in the name of the legatees .

prabhakar singh (Expert) 07 April 2013
You have taken much pain to cause confusion in mind of experts while you titled the query "Relinquishment deed......."

but started to state "muslim family father has left will for two brothers"

SO FUNNY!

Any way you need to tell very specifically all relations who survived your father in addition to you two brothers.Because sons get as residuary only after quranic sharers
share is distributed.Further although a muslim can hibba all his estate he can not Will more than 1/3 rd of his estate.Then if there are sharers who survived the testator
(your father)you two brothers would need their consent to get the will unobjected by them and thereafter get the will probated (if executor appointed)or apply for letter of administration under indian succession Act,if the properties lie in any metropolitan;otherwise move an application of mutation along with affidavit of witnesses who have attested the will and also file a copy of the will.Even to register the Will the same procedure would be required.
So there are several choices but only when quranic heirs,if any,consents to the mandate of the will.

svetlana (Querist) 07 April 2013
mr. ajay sethi thanks for prompt response
team lawyersclubindia.com ....thanks it is a independent house of 1000 sq feet on a 600 sq yards land in hyderabad kondapur area... SO if transfer is done how do I get the property registered , because in the encumbrance certificate still the name of father will be shown ..so IS IT MANDATORY that the land and house is registered ...

ajay sethi (Expert) 07 April 2013
mr prabhakar singhji has raised some queires . whether as per will only 1/3rd of property has been bequeathed or more .

it is advisable to contact a local lawyer .

in hyderbabad probate would npot be mandatory . make an application for mutation enclosing copy of the will, along with affidavit of attesting witness .

svetlana (Querist) 07 April 2013
mr. prabhakar singh sir thanks sir thanks for prompt response
team lawyersclubindia.com thanks
muslim family
mother expired before father, father survived by four children , two brothers , two sisters , two sisters have given relinqueshment deed and no objection BUT it is not registered ; and sisters are ok to transfer property to brothers , hence what is required as per law to get the ownership of house and land to brothers ?? transfer of title / mutation of title with municipality ? or registration of relinqueshment deed with registrar ??

svetlana (Querist) 07 April 2013
my apologies for creating confusion was not intended just trying to understand the proper law

prabhakar singh (Expert) 07 April 2013
"two sisters have given relinquishment deed"

But in my view it is useless document and not required at all and if used any where as evidence it would be impounded to charge duty and penalty.Additionally it requires registration to take a validity.All this cost more,that too uselessly.Then it should be torn and thrown .
NOt even probate or letter of administration is required in given facts.

Then what is required would be your question??

Not compulsory but you may get the will registered at sub registrar office of jurisdiction.

From sisters you need only separate two notarized affidavits stating that their father had during HIS LIFE TIME executed a WILL dated so and so with their consent in favor of our brothers to which we neither have any objection nor shall raise any in future
and we accordingly acknowledge the will to be true and our brothers have right to mutate records of right in their name and to enjoy peaceful possession as exclusive owners with no concerns of ours.

There after just get the mutation done in Municipality .

Preserve will,notarized affidavits of sisters in original and copy of mutation order.

Get electricity and water utility connection changed on the basis of mutation order.

That is all.

ajay sethi (Expert) 07 April 2013
relinquishment deed has to be stamped and registred . it is not admissible in evidence other wise .

prabhakar singh (Expert) 07 April 2013
Mr. Sethi !

"relinquishment deed " is not required in this case.It would be wastage of money as well negation of WILl.hence in my advise it should be torn and thrown.

ONLY TWO SEPARATE NOTARIZED AFFIDAVITS CONFIRMING WILL IN THE FORM OF NO OBJECTION IS THE REQUIREMENT FROM SISTERS.