Release deed

Querist : Anonymous (Querist) 27 December 2021 This query is : Resolved
I am looking to buy a property details are as below.
1. Person P bought a plot in 1981, died in 1987. he had 4 daughters (A,B,C and D) and a wife.
2. In 1997 3 daughters A,B and C released rights of the property in favor of daughter D and there Mother ( wife of P) by taking 10k each.
3. Mother died in 2007.

Does daughters A, B and C will get rights of the property based on mother share in property now?

Once again in 2007. all daughters have made a partition deed once again with 50% of the land undivided share being in daughter D name and other 50% of undivided share being distributed with daughter A, B an C. Is this valid partition?

can we buy this property?

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Quick Summary

This discussion clarifies property rights following a release deed executed in 1997. When three daughters released their rights to their mother and another sister (D), the mother inherited a share. Upon the mother's death in 2007, her share devolved equally among all four daughters. A subsequent partition deed in 2007, distributing the property 50% to daughter D and 50% among daughters A, B, and C, is considered valid. To purchase this property, a sale deed executed by all four daughters is required.

kavksatyanarayana (Expert) 27 December 2021
When A, B, and C released their rights over the property to their mother and D (sister). So after the death of the mother, the mother share of 50%, A B C D has equal rights over the property. So D will get one-fourth of 50% share of mother + her share of 50%. A B C each gets one-fourth share of 50%.

Dr J C Vashista (Expert) 28 December 2021
Well analysed, opined and advised by expert Mr. Kavksatyanarayana, I agree and appreciate.
D is the title holder of 50% share of property left behind by their deceased father.
However, 50% intestate share of mother shall devolve equally between A B C & D.

Advocate Bhartesh goyal (Expert) 28 December 2021
Agree with above experts.

Sri Vijayan.A (Expert) 29 December 2021
The partition is valid.
Before partition, D was entitled to 50 already owned and 12.5% from the mother.
A, B & D was entitled to each 12.5% from their mother.

Now, the partition deed is made on agreed terms.

If you propose to buy the property, the sale deed has to be executed by all the 4 daughters.

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