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(Guest)

Relinquishment dedde

dear experts i want to know that in mumbai in co-op hsg society ,my father and mother were a joint owner of a flat.my father died unfortunatelly without filling nomination or will.we are 4 member in family .my mother and 3 brothers.can we all make a relinquishment deed in favor of my mother without producing legal heir or sucesion certificate. if we make such a registered document in and society is not ready to accept and tranfer the flat so what action we can take.is it nessesary  to make succesion certificate within 3 years from the death of relative.



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 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 November 2012

1.  IF mother is "Second Joint Owner" in the flat  AND when the "First Joint Owner" (Father) has expired,  THEN the mother may simply apply to the Society to delete the name of the "First Joint Owner" (Father) and nothing else.  Death Certificate (of Father) & appropriate "indemnity Bond" may be submitted to the Society for the purpose.


2.  IF the Society refuses to do so after receiving the application by mother, THEN the mother can simply file appeal with ward deputy registrar of cooperatives, for his directions.


Keep Smiling .... Hemant Agarwal

surjit singh (Assistant)     22 November 2012

Relinquishment  Deed cannot be made in any body favour. It is just a deed stating that you have relinquish your claim in such and such property. When you give your share to somebody it should be a gift deed, in your case your mother was the joint owner so in that case I do think any certification is necessary from your side. Your mother can obtain a certificate of succession if possible for future reference. Basically speaking  the property is the self acquired property of your mother.


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