Upgrad LLM

release / relinquishment deed


Dear All,
My father died four years ago leaving behind myself, my mother and a brother (No Sisters). There is(was) the owner of  property which he purchased 12 years back with GPA in his name and the Executant of GPA had his WILL registered in Sub-Registrar office. Now since there was no WILL of my father, all the above are his legal heirs. We want to dispose off the property. My brother has gone to Maharashtra and doing a JOB there. There is very little possibility of he can come to his native place this year. My lawyer is saying to get a  "Release / Relinquishment Deed" executed by my brother on a 100/- non-judicial stamp paper of maharshtra. Which my brother will get it registered at Mumbai and send to us. By this deed my brother will release his share for my mother for the love and affection from her. And this release shall be for without any consideration and will be binding on my brother - his legal heirs etc. etc. My brother is ready to Execute this deed. My question is - Is this the Right approach to dispose of the property of my deceased father in the absence of his WILL? Please reply or suggest at the earliest.

Thanks & Warm Regards,
Ashish.
 
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Advocate

Dear Ashish,


      As far as disposition of the property is concerned in your case, as it was your father's self acquired property and inview of his death, all of the family members (as mentioned by you) are the successors of the property your brother releasing his share in favour of your mother is appropriate and inview of the said relinquishment deed yourself and your mother will become owners of the property and you both have a right to sell the same to any prospective buyer.


regards.


 

 
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Mr. Ashish,


The property acquired by your father can be sold collectively by all the  legal heirs. If any one of the legal heir is not present at the time of registration of the sale deed, he can appoint a nominee (among other legal heirs)  to present the document sale deed on his behalf, provided the document  can be sent for his signature for execution. There is a provision u/s32A that a representative can present the sale deed on behalf of the sellar/principal thru a special power of attorney executed at the place of his stay. The other method of relinquising the rights by a deed can also be done as suggested by Mr.Vikram earlier, but it may  give scope for misunderstandings later, however strong relationships among the legal heirs.


regards,


 

 
Reply   
 

Dear Ashish,


If I got it right, you said, your father got a property as a GPA holder. If this is right, then the GPA goes on death of your father.


2.  Generally the relinquishment deeds would be registered in the registrr office which has jurisdiction over the property. So getting the deed registered in Mumbai needs to be checked first.


otherwise, what is said by my other friends hold good.


regards


anantha krishna n.v. (Advocate AP High Court, Hyderabad, 9246531895)


 

 
Reply   
 

If the sale deed  stands in the name of your father, then release deed is possible and it should be registered before the jurisdictional sub-registrar by your broter in favour of your mother, otherwise


what Mr AnanthKrishna Advocate has opined is absolutely right

 
Reply   
 

Dear All,

Thanks for the prompt reply. What i see as an outcome of valuable feedback from the esteem members of this forum is that i shall insist my brother to be present in Delhi, as the property is within the jurisdiction of sub-registrar of delhi. But this is a torture - What if someone is unable to move to his native place out of commitment? Can't the documents "move" instead of person in physical?

Thanks & Warm Regards.

 
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