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Sitanshu (Student)     09 December 2013

Release deed registration

Hi,

I shall be highly obliged if the experts here can answer the following questions.

My younger sister recently got married and now she wants to release her share from our ancestral property and the property purchased by our parents. I have following questions in this regard:

1) Is it must for her to be present at sub-registrar office during the registration of "Relinquishment Deed"? As she is currently living abroad, can we do something "legally" to get the deed registered in her absence? She is willing to provide any additional letter/document required for the purpose.

2) If it is impossible to register the relinquishment deed in her absence, is there any other way (legal agreement/procedure) to get her share transferred/released in my favor?

3) Can we get into an MoU or MoA, attested by two witnesses for the purpose? If so, does an unregistered MoU or MoA has same/comparable legal standing with respect to a Relinquishment deed?

4) What is the best (cheaper and hassel-free) procedure for us to get her share transferred to me from our the ancestral and parental (property purchased by our parents) property?


Thanks!!



Learning

 6 Replies

Dr J C Vashista (Advocate)     09 December 2013

It is must for her to be present at sub-registrar office during the registration of "Relinquishment Deed, however, if she sends a Power-of-attorney authorising some one that will servce the purpose.

MoU or MoA, attested by two witnesses for the purpose will not serve the purpose as an unregistered MoU or MoA has no legal standing with respect to a Relinquishment deed.

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 December 2013

Her power agent can sign the relinquishment deed on her behalf, but for that also the deed has to be signed by her at abroad, to be attested  and countersigned by the consulate/high commissioner/ambassador and the deed in a sealed cover to be addressed to the concerned registrar office here in India.  Since the ancestral property is also involved steps to be taken with more care to avoid any kind of problem that may arise in the future.  Consult a local lawyer and proceed with the issue.

1 Like

MADHUSUDAN G R (Advocate)     09 December 2013

The suggestions of Advocate TKalaiselvan, though correct but cumbeersome.  Hence, Dr JC Vasista's views are correct.  To avoid all such hassles, she should be present at the time of registration of the Relinquish/Release Deed.  MoU/MoA does not stand in the court of law.

1 Like

Sitanshu (Student)     09 December 2013

How about our parents writing a will in my favour and clearly specifying it in the will that my sister has no share in the property? In such a scenario, do I still need to obtain a Relinquishment Deed from my sister?

Dr J C Vashista (Advocate)     10 December 2013

Hello Mr. Sitanshu,

You are trying to test the proficiency of the experts giving you charitable advise, which is clear from your earlier and present stand/querry.

Ask such questions from your teachers.

S R SHETTY (MANAGER - LEGAL)     05 November 2014

While registering Relinquishment Deed, it can be done on Rs. 200 stamp paper (as has been advised some where in this forum) or should be we pay stamp duty on 50% of value of property. Kindly advice.


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