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Release deed

(Querist) 30 April 2015 This query is : Resolved 
Hello Sir/Madam,
I have two flats,fully self acquired,and both flats have my father as second applicant.I am the first applicant in both the flat agreements.Now my father has recently passed away. So i want to delete his name from the society share certificate.
also i intend to sell one flat, as i have to purchase bigger flat.
The society is asking to bring Affidavit/ NOC/Release letter from my mother and brother,so that they do not claim a right in the property.
please advise the correct procedure to follow so that in future i do not have any problem.Also what is the format for the above documents and do i need them to get notarised.
many thanks in advance
yours faithfully
amol
I.S.Roy,Advocate (Expert) 30 April 2015
Dear Sir
What they stating it is correct otherwise your father's successors and yourself again the share holders for your father's undivided share. As per your query that I can advise how to over come but it is not fair to device your mother and brother.

with regards

I S Roy, Advocate
Cyber laws consultant
Rajendra K Goyal (Expert) 30 April 2015
You have to take no objection / release deed / relinquishment deed from all other legal heirs of your father.
amolchalke (Querist) 30 April 2015
hello respected sir,
many thanks for the quick reply.
can you please advice how to overcome the situation.Please note my mother and brother is living with me as well.brother will be shifting to his own flat next year.
can you please advise what do you mean , it is not fair to device my mother and brother.
also if i have to take the no objection/release deed/relinquishment deed ,where can i find the format.
many thanks in advance
Amol
kavksatyanarayana (Expert) 01 May 2015
@Author, your mother and brother have rights over the share of your father as you included the name of your father. so you have obtain a release/relinquishment from them and get it be registered with registrar. consult a local lawyer to prepare the release/relinquishment deed.


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