Avinash (asst) 23 March 2023

Relinquishment by brothers who are co owner of two flats in two cities

Hi , We are two brother and we are co-owners of One Flat each in Delhi and Pune. These flats belonged to parents and they both died and had not made will, so later both the brothers were legal heirs and they become co owners after submitting documents at sub registrar office.

Now the elder brother want to relinquished his share in Delhi flat and younger one will relinquish his share of Pune flat in elder brother favour.

The problem is which brother will relinquish his share in which flat first.

The younger brother says first elder brother will relinquish his share for Delhi flat and then he will go to pune and relinquish his share in elder brothers favor's for pune flat.

But elder brother says that younger brother will first relinquish his share in Pune flat and after that he will relinquish his share in Delhi flat. The point is both do not trust each other.

So what is the solution.

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 23 March 2023

Since the properties belonged to the parents and they are reported to have died intestate, the properties left behind by them shall devolve equally upon their legal heirs.

Now since the two brothers are the only legal heirs to suceed to the estates of their parents, they can decide about settling the issue by drawing a mutually agreed partition deed dividing the as two schedule of properties, as schedule one and schedule two and get this partition deed executed by a registered document either in Pune or at Delhi.

this can be termed as family partition deed as well or family settlement deed which will be an appropriate mode of settlement forever.

In this situation there is no necessity to execute any relinquishment deed by anyone towards each other's properties.

1 Like

Shashi Dhara 23 March 2023

Easy draft partition deed and register it.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 23 March 2023

Approach registrar. The registrar confers the inherent powers of a civil court. He can call for evidence, can administer oath for the purposes, enforce the attendance of witnesses, enforce and ask for the documents.

kavksatyanarayana (subregistrar/supdt.(retired)) 23 March 2023

I agree with the advice of the senior expert Mr.T.Kalaiselvan sir.

Dr J C Vashista (Advocate) 24 March 2023

I agree with the expert advise of Mr. T Kalaiselvan.

If both the brothers do not have faith in each other, the only option left is either of you may file a suit for partition and possession either at Delhi or Pune civil court thorugh a local lawyer.