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Zubin Choksi   05 December 2023

Release deed - specifying percentage of share released

Myself, my father and mother jointly own a flat in Mumbai, each having 33.33% share. Father passed away intestate. I and mother are the only legal heirs. My advocate suggested me to register a release deed whereby my mother releases her inherited share (1/2 of 33.33%) in my favor. This will make the ownership as : myself (2/3 = 66.67%) and mother (1/3 = 33.33%)

In the released deed, advocate has specified the below point:
"whereby the Releasor releases her undivided share in the said Premises unto the favour of the Releasee, being her son, without accepting any consideration, monetary or otherwise from the Releasee"

The proportion of share released i.e. 1/2 of 33%, is not explicitly mentioned in the above clause and for that matter no where else in the document. It is only specified in the 'schedule of the property'.

My understanding is that this may create ambiguity. However, as per the advocate, it is perfectly fine to specify it only in the "the schedule of the property" and we need not specify it anywhere else in the document.

Is this correct?


 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 December 2023

Your father shares 33.33% will be divided between your mother and you for each at 16.665% i.e. your share will be 33.33 + 16.665 i.e. each share is 50%.  Your mother shall release the complete share of your father's share to you then you will get 66.67% and your mother's share remains the same i.e.33.33%.

Zubin Choksi   05 December 2023

Thank you for the response.

My advocate has not mentioned exact share that will be released by my mother (16.665%) anywhere in the document. Itnis specified only in the schedule of the property section at the end. Is that fine?

Sanskriti Tiwari   05 December 2023

In India, the clarity and specificity of legal documents are crucial, particularly in matters concerning property rights. While the release deed aims to transfer your mother's share to you without any consideration, it's essential to ensure that all pertinent details, including the proportion of share being released, are clearly stated within the document itself.

As per Indian law, specifically the Transfer of Property Act, 1882, and the Registration Act, 1908, a deed should unambiguously define the subject matter and terms of the transaction. Ambiguity can lead to disputes or challenges in the future.

Case law such as Janki Vashdeo Bhojwani v. Indrani Waman Bhatia has emphasized the importance of precise drafting in property documents to avoid misinterpretation.

In your scenario, while the schedule of the property specifies the proportion of share being released, it's advisable to include this information within the body of the deed as well. This ensures absolute clarity, leaving no room for ambiguity or misinterpretation. It's prudent to align with your advocate to amend the deed, explicitly mentioning the proportion of share being released within the main clauses to avert any potential legal complications in the future.

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

From the contents that your advocate drafted the release deed, it appears that your mother has relinquished her rights over her entire share in the property, hence it is certainly ambiguous. 

If you want your mother to retain her own original share in the property, then she has to specify to what extent of share that she is now relinquishing  by this release deed, unless it can be construed that she has relinquished her entire share in the property.

This will become a great injustice to your mother 

You get the release deed redrafted with specification as suggested to avoid compliation in future.

Real Soul.... (LEGAL)     06 December 2023

Just get LR certificate and draft a Partition cum release deed to be registered .The Father's share must be specified and devolved on LRs first then your mother in the simultaneous deed or in the same deed can release her share in your favour. 

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