v ganapathy (GM(Mech)_retired ) 23 March 2020

Release deed by brother of his share - any bar on that

Our father had WILLed his land property with the life interest to his wife first and after her demise to me and my brother equally(excluding my sister on which we had spent a lot-for marriage and other expenses -clearly spelt in WILL -now sister is also no more). Mother died recently. We donot have Legal Heir Certificate .

We are going to petition for Letters Of Administration (as no executor was appointed by father in his WILL) with the NOCs from the legal heirs of our sister (as precautionary measure)..After the grant of LOA, my brother (residing abroad)wants to give his inherited share through WILL to me by Release/Relinquish deed.(with or without Considertion amount-to be discussed).

Is there any bar for the Release/Relinqish deed for the property inherited through WILL ,even to brother? Few say if the property was got through INTESTATE inheitance only,(through Hindu Succession Act-with legal heir certificate ) Release/Relinquish method is applicable-hence this query.

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7 Replies

Real Soul.... (LEGAL) 23 March 2020

there is no bar, your brother can execute a release deed in your favour relinquishing his due share specified in will deed in your name.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 23 March 2020

1. There is no such thing as "Release/Relinqish deed for the property inherited through WILL". IT is either "Release Deed" .OR. a WILL document.

2. Property given via a WILL, can be received by beneficiary, ONLY AFTER death of Will-maker.

3. Property given via a Release Deed, will be received immediately by the Releasee (receiver) BUT NECESSARILY while Releasor (giver) being ALIVE.

4. In case instant, Father's WILL beneciary are the brothers. Hence one beneficiary can execute a registered Release Deed in favor of other brother, for his share of the property, by annexing the Father's Will. There is no need for Letter of Administration for this purposes.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Shashi Dhara 23 March 2020

File a suit let he give his consent thru compromise decree in Lok adalat.

SHIRISH PAWAR, 7738990900 (Advocate) 23 March 2020

Dear querist,

Your brother can release his share in your favour after LOA from court.

Regards,

Akshay Kolle 24 March 2020

Shashi dhara that is the most interesting answer I have seen here. what is your basis for such a suggestion?

Shashi Dhara 24 March 2020

If it is once decided in Lok adalath thru compromise they can avoid future litigations ,and it is hard to revoke or to question in competent court of law .

T. Kalaiselvan, Advocate (Advocate) 25 March 2020

There are various opinions about this under the given situation.

The property has been bequeathed by a Will by your father on his two sons alone, i.e., you both the brothers.

Since there is no dispute about acquiring the property by both, you do not have to obtain letter of administration also.

You can obtain a legal heirship certificate from the revenue department, get NOC from the legal heirs of your deceased sister, transfer the revenue records on your both the names.

After that your brother can transfer his share in the porperty by executing a registered settlement deed in your favor instead of executing a registered release deed.

The concept of release deed will arise only when the property inherited jointly by the legal heirs/successors in interest upon the intestate death of the property owner.

You may proceed as suggested or you can clarify further on this from a local advocate also.