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Kuldeep Singh   15 October 2021

Haktyag patra or release deed confusion

Hi,

I am going to buy Housing Board approved plot from seller through bank loan.
I want to tell some things about Plot status -
there were 4 members in seller family 10 years ago (Seller, his wife , unmarried elder daughter, younger daughter) and seller bought this plot 10 years ago from unmarried elder daughter name but after 8 years the unmarried eldest daughter died then after seller got the name transferred through Haktyag patra/Release deed. As per his release deed, Sajra given as 
Dead elder Daughter  => 1. Mother  2. Younger Sister  3. Father (seller)

today i got call from bank lawyer and he said that Sajra structure is wrong mentioned in Release deed  and it should be as :
Dead elder Daughter =>  1. Mother  2. Father (seller)

Bank advocate said there is no role of younger sister in release deed so Release deed will have to be modified.

Please suggest me that is it right or wrong ?



Quick Summary
A buyer is seeking clarification on a property purchase involving a Release Deed, also known as Haktyag Patra. The seller acquired a plot from his unmarried elder daughter, who later passed away. A Release Deed was executed to transfer ownership, but the bank's lawyer has raised concerns about the Sajra (heir structure) mentioned in the deed, stating it incorrectly includes the younger sister. The lawyer advises modifying the deed. The buyer needs to understand if this advice is correct and the relevance of the Release Deed in this situation.

 2 Replies

P. Venu (Advocate)     16 October 2021

The facts posted are confused. What is the relevance of release deed?

Kuldeep Singh   16 October 2021

sir,

Relevance means ? 

please tell something about relevance so that i can give you information accordingly.


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