Partition Deed/Release Deed
m.kupparaju
(Querist) 03 June 2010
This query is : Resolved
While executing the Family Partition deed by the family members viz., 2 brothers and 2 sisters where family property is divided into 4 equal shares between the members. Where 2 sisters have decided to release/ relinquish their shares in favour of their brothers without executing a separate Release Deed/Relinquish Deed, decided simply incorporating a clause in the partition deed stating that they have released/relinquished their share in the property in favour of their brothers without taking any consideration. Is this Partition deed is sufficient to get the katha transferred in favour of their brothers? Are they require a separate release deed/relinquish deed executed in their favour for valid transfer of katha in their names. please clarify.
B K Raghavendra Rao
(Expert) 03 June 2010
Separate Release Deed would be better to avoid any future litigation on account of ambiguity in the wordings. However, if the partition deed candidly mentions about release/relinquishing of their rights in the property under partition in favour of their brothers, then partition deed itself is sufficient to get khatha transferred into the name of brothers subject to the partition deed being registered.