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Kuldeep Singh   20 October 2021

Release deed/haktyag patra

Suppose in Release /Relinquish deed, any property have a two legal heir and mistakenly one more person added in deed then

1. is there any need to amend on existing release deed to remove that person with share ?

2. Without amendment in Release Deed/Haktyag patra, can registered affidavit will work in this case ?



 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 October 2021

. Usually, release deed in favour of  sister. Hence brother wanted to release from sister.  After if after the development of land  after price rises eventually, the sister asks right on the property then brother need to give the rights on the property.

Dr J C Vashista (Lawyer)     22 October 2021

There is no scope to "suppose" in law.

Be specific if you have not given examination.

Kuldeep Singh   22 October 2021

sir, this is my real case and i am facing problem.

Someone says amendment needed in existing Release/Relinquish deed and someone says make another Release/Relinquish deed where we can adjust remaining share of heir after removing third person/heir.

 

Dr J C Vashista (Lawyer)     22 October 2021

Consult a local prudent lawyer for appreciation of documents, profelssional advise and necessary proceeding.

Kuldeep Singh   22 October 2021

I am briefing my case:

I am buying resale plot (approved from from Rajasthan Housing Board) from seller through home loan. My Seller bought plot from his unmarried daughter name and title holder was same unmarried daughter but after few years she died and after some time, her father (seller) made Haktyag Naama/Release deed and transfer his name in revenue government records so now father(seller) is title holder. There was total four members in seller family: Seller(father), mother, unmarried daughter and married daughter. After deadth of unmarried daughter now only three members in family. 

Now come to point , main issue comes in Haktyag Naama/Release deed. It was shown in deed is that there are three heir of property in ratio of father 1/3, mother 1/3 and married daughter 1/3.  

Mother and daughter release both share to 1/3 and 1/3 to seller(husband/father). but Bank legal saying that deed is incorrect because after deadth of unmarried daughter there is no right of married sister in property share so it should be only 1/2 :1/2 ::father: mother.

Bank legal suggest to amend the release deed because 1/6th share of the mother is still left in property but seller is denying so plz tell me what i will do which is legally correct ?

P. Venu (Advocate)     29 October 2021

This is a repeated query.

Kuldeep Singh   29 October 2021

@Dr J C Vashista, plz reply sir


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