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Kuldeep Singh   22 October 2021

Release/relinquish deed confusion

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 ?

Note: There is no WILL


 2 Replies

G.L.N. Prasad (Retired employee.)     23 October 2021

The opinions of outsiders are not relevant when the loan has to be sanctioned only after the approval/opinion of the Bank counsel.  Approach to another bank for their opinion without informing your efforts with previous bank.

P. Venu (Advocate)     24 October 2021

Obviously, the mother intented to relinquish whole of her share. As such, the property is vested absolutely with the father.  You may try to convince the Bank or , as already suggested, you may approach another Bank.

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