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sunil (PROPRIETOR)     22 March 2016

Release deed

My father was alloted a flat by his organisation under hire purchase scheme in year 1987.There was a loan of 20 years, which was paid fully in 2008.

My father died in 2003. He had nominated my mother as sole (100%) member , so the flat got transferred in her name. 

We are 4 legal heirs apart from my mother. My mother died in year 2015. She nomonated me as sole (100%) member, so flat got transferred in my name in 2015.

My name appears on the share certificate, on electricity bill, maintenence receipt.

Society has issued NOC for the prospective buyer, indicating there is no mortgadge, lien, encumbrances etc aginst the property and the title is clear and marketable.

Since father's death till today, i am the only person who paid the society maintenance, and looked after my mother , with no financial help from any other legal heirs.

Since my mother was aware of this, she had more faith and confidence in me, so she nominated me.

Now i want to sell the property and devide the proceeds equally in four legal heirs.

Two legal heirs are ready to sign release deed, but one heir is not ready to sign release-deed.

I want to know, whether release deed is necessary for me to sell the property ?

If yes, what is the way out for me to sell the property?

  

 



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 2 Replies

Laxmi Kant Joshi (Advocate )     22 March 2016

It will better to get noc / release deed from all legal heir to restrain future quarrel and annoyment, otherwise your mother had transfered all the rights over the property in your favour by nominating the property in your name, now you are the sole owner of the property and you can sold it as per your wish you need not have to take any noc from anyone of the legal heir.

sunil (PROPRIETOR)     23 March 2016

Thanks Mr. Laxmikant Joshi !

please tell me when release deed is needed from legal heirs? In my case, names of other legal heirs do not appear on share certificate, as my deceased mother , who was sole member, nominated me and as per her nomination, membership got transferred on my name.

I want to also know, what risk the buyer carries , if he purchases the flat from me.? And what documents i should get signed from other legtal heirs, to ensure that the buyer should not suffer in future.( keeping in mind that i wish to distribute the proceeds of the sale , equally between all legal heirs)

Please answer in detail so that i can understand the implications of the sale transaction .

Thanks in advance.


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