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Mrs . Shanta Rani (Housewife)     01 April 2012

Sos relinquishing deed

My sister is in the process of Identifying a potential buyer for her Flat (Located in Delhi) that was inherited by her vide an unregistered "Will" of our father. This property (DDA Flat) was originally alloted in our father's name. He had also got the conveyance done and the property is now freehold. Subsequent to his demise, my sister have got the mutation of the flat done in her name with MCD after taking an Affidavit/ NOC from me.

 

In addition to this flat my father also Willed an Inherited house in my name . This was also part of the same unregistered Will.

 

Suddenly, my sister, after 2 years, is now asking me to give her a Relinquishing Deed and have the same registered.

 

Please advise as follows:

A)    Why would she need a “Registered Relinquishing Deed” now after the mutation of the property?

B)    Is there something Fishy happening that I can’t see as we are not in good terms with each other?

C)    Should I also ask her for a “Registered Relinquishing Deed” for my share i.e the inherited property that my father Willed me?

D)    Can Both the Deeds be registered as One Document?

E)    If no, can they be done on the same day?

F)    Should I give or ask for the Relinquishment first, just in case she refuses after Taking it from me?



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 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 April 2012

1.  Under the circumstances and since both the properties belong to the same family-head, the logical & lawful action that needs to be done is to prepare a Family Settlement Deed and have it registered appropriately.

 

2.  All the parties and all the relevant properties, need to be a part of this Family Settlement Deed.  After this, there won't be any need for an relinquishment deed.

 

3.  By virtue of the above Family Settlement deed, both the parties & thier legal heirs, will be bound to each other and hence won't be able to claim any contra property from each other, in future.

 

4.  As of today, the other sister has a legal right on the inheireted property of your father and a unregsitered will can be lawfully contested quite easily.  Hence a Family Settlement deed becomes a necessity to protect from any future disputes.

 

Keep Smiling .... Hemant Agarwal

1 Like

Mrs . Shanta Rani (Housewife)     01 April 2012

Thank you Mr Agarwal for your prompt reply !

Sir, my basic question is that why after the mutation of both the properties is completeed in our respective names ,as per the desire of our father based on his unregistered WILL, do we still need to go in for the Relinquishing Deed or Family settlement? More so, when we gave each other an NOC so as it helps us to get the mutation done.

As on date, we have our names for our respective properties in the books of record of MCD.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 April 2012

Will = UnRegistered
Will = Non Probated under Law
Will = No force under law, hence will always be suspect, if another latest dated will surfaces.
NOC = Cannot be connected to Will
NOC = Given on mutual consent, which can be withdrawn, citing inheritance rights under HSAct.


1.  Giving a NOC has got no legal relevancy under the Hindu Succession Act (HSAct), where the rights of both the sisters are available on both the properties.  Such NOC can be obtained by coercion /duress /forgery or such NOC can be withdrawn.  Whereas a relinquishment deed or a Family settlement deed shall be voluntarily registered before the registrar of sub-assurances and has legal force.  Mutation of a property-1,  to sister-1 does not mean that the legal inheirtance rights of sister-2 is extinguished on property-1.


2.  Sister-1 may sell off her own mutated property-1 and still claim her rights on the Sister-2's  property-2, by virtue of the inheiretance rights derived under the HSAct.  AND this can be done even after several years.  (and this is probably what your other sister might be aiming at, else as per your own admission, there is no need to for any deed, when both the properties is already mutated in the MCD records, in respective sisters names.


Keep Smiling .... Hemant Agarwal

1 Like

Mrs . Shanta Rani (Housewife)     02 April 2012

Mr. Agarwal,

Thank you Once again and compliments to you for a comprehensive reply !

Sir, Just a few more clarifying questions...

a) My sister lives in USA and the NOC given by her was attested by the Indian Embassy before being sent to me. Therefore, will this still be considered as a possible case of obtaining it by coercion /duress /forgery or such NOC can be withdrawn ?

b ) Based on this document, the land holding authority (L&DO in this case) has also transferred the lease in my favour . Hence  is this action of L&DO challengeable?

C) Can I relinquish a property now  for which I have already given my NOC and is already not in my name ( In other words can I relinquish what is not mine) ? I mean sequence of events and going by the dates.


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