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Anil Kumar (Tech Lead)     31 May 2025

Clarification regarding validity of release deeds in property transaction

I am planning to purchase a property located in Bangalore. I would like to seek your advice regarding the ownership history and validity of certain documents related to the property.

The property was originally purchased in 1991 by two brothers, Mr. Shankar and Mr. Gokul. They have a third brother, Mr. Kishore, whose name was not mentioned in the original sale deed registered in 1991.

Later, Mr. Shankar executed a release deed in 2015, relinquishing his share in the property in favor of Mr. Kishore. Similarly, in 2018, Mr. Gokul executed a release deed transferring his share to Mr. Kishore.

I would like to confirm whether these release deeds are legally valid and enforceable, given that Mr. Kishore's name was not part of the original 1991 sale deed.

Your guidance and legal opinion on the matter will be highly appreciated.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     31 May 2025

If the brothers intention was to transfer the jointly owned property in favor of their another brother who is not the party to this purchase, then they both should have transferred the property by executing a registered gift deed or by a registered sale deed to their other brother.Any other mode of transfer of property to their brother will not confer an absolute title to the donee and the title may remain defective. 

In the given situation, it is not advisable to purchase the property with defective title, however you may refer the property related papers to an experienced lawyer in the local and proceed only if recommended

kavksatyanarayana (subregistrar/supdt.(retired))     31 May 2025

Mr.Kishor has no right in the property purchased by his two brothers; the release deed executed in his favour is invalid.

Dr. J C Vashista (Advocate )     01 June 2025

The property is stated to have been purchased by Mr. Shankar and Mr. Gokul accordingly it is their self-acquired property where there is no right, interest, claim or title of third brother Kishore.

Self acquired property cannot be released / relinquished either by Shankar or Gokul. If it has been released, as stated by you, it is invalid and illegal.

Share of either of them can be transferred either by sale or gift. 

R.K Nanda (Advocate)     01 June 2025

Take help of local lawyer. 


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