Anand Natarajan 21 February 2021

Viduthalai pathiram (liberation deed) and property

Context:

My 70 year old day is planning for a remarriage, mom passed away last year.

The prospective partner has two sons, She is legally divorced

There are some properties registered under me and some in my dad's name

Concern:

As a son, I need to ensure that she or her sons do not stake claim in our Properties (Land , Apartments and Jewellery).

Questions:

1. Will a Viduthalai Pathiram (Liberation deed) from the Prospective partner stating that she will not ask for a stake be good enough?

2. What is the validity of a Viduthalai Pathiram (Liberation deed)?

3. If Viduthalai Pathiram (Liberation deed) is not the option, What should be done to ensure that he or her sons do not stake claim?

Reply Follow

4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 21 February 2021

The properties which are in your father's name, no one has right over that properties. so he can do it as he wishes though she executes a liberation deed.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 22 February 2021

The properties in your name are in your name and nobody can claim them, least of all the would be step Mother and her Children.

As to the properties in the name of your Father, it is his will and pleasure to do whatever he wants to do with them and bequeath them to whomsoever he wishes.

Liberation Deed or Relinquishing Deed is needed only when somebody has a right and such person/s wish to relinquish. Getting such deed executed by unconnected person/s is irrelevant and has no value.

P. Venu (Advocate) 22 February 2021

Such deeds serve no purpose.

As to personal properties, everyone is free to dispose of his/her properties during his/her lifetime.

The real issue is that of inheritance of the property held by your father. On remarriage, the step-mother would be a legal heir, but not the step-children; not even for the property step-mother mother may inherit from your father.

Sankaranarayanan (Advocate) 29 April 2021

As for as the properties in your name is not issues and no need to obtain any release deed from any one . The properties in the name of your father is his own and he has right to give any one, after his lifetime it comes his legal heirs (ie his son/s and also to your step mother )