balaselvamanikandan 24 September 2016

Release deed of legal heir

My sister's husband passed away before 2 months. His legal heirs are my sister, her daughter and her husband mother and father. But for getting settlement from last worked organisation, company seeking NOC from all legal heirs. We want to get release deed from them. Sister's husband owned one house in loan purchased in his name for that settlement can be done from his company settlement. And one more house in their home town where his parents are living. They are ready to sign in release deed if my sister giving the house (which they living) to them. Now my sister is struggling with her one 4 years old daughter. She also house wife. Can any one suggest how to proceed further. If getting release deed only solution please give format sample.

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Laxmi Kant Joshi (Advocate ) 24 September 2016

I guess u r a Hindu ,according to Hindu succession act the legal heir of your sister's husband are as -- your sister , her son ,her daughter & her husband's mother only , first apply for legal heir certificate in yours area SDM Office and after obtaining this then go for mutation at that time you need noc / release deed or relinquish deed in favour of your sister , the whole property of her husband will divided into 4 parts each heir has 1/4 share in the property if her mil didn't agree then give her the money of her share and take the release deed from her , it will be better if an amicable solution comes out .

Kumar Doab (FIN) 24 September 2016

To update name of all legal hiers in mutation record NO NOC of any kind from anyone is desirable and required or mandatory.

Check with: the concerned revenue official e.g; Patwaari, and submit requisite documents.

Kumar Doab (FIN) 24 September 2016

Agreed with Mr. Joshi that father is not ClassI legal heir (If the deceased was Hindu).

Kumar Doab (FIN) 24 September 2016

You have not clarified who is the employer?

It is not mandatory to give up her share in old house.

The amount that the employer shall release is after setting off the loan balance.

Do your own home work and check all values.

Her son has share in ancestral properties, if any.

balaselvamanikandan 25 September 2016

Thanks to all. Further details as below Deceased is Hindu. Legal heir certificate has received. Loan pending is 90% of total loan. It will be settled from deceased sister's husband . Employer is Banker Where the above said home loan taken. So settlement will be done after deduction of pending loans. Pl. Advice in this situation.

balaselvamanikandan 25 September 2016

One more information is my sister have 1 little daughter. No son.

balaselvamanikandan 25 September 2016

One more information is my sister have 1 little daughter. No son.

balaselvamanikandan 26 September 2016

And also i am seeking info that if two self owned property of deceased person in two different register office and different district we required two succession certificate or not. If one is enough where we need to register that.

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