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Mrs . Shanta Rani (Housewife)     01 April 2012

Relinquishing deed

My sister is in the process of Identifying a potential buyer for her Flat (Located in Delhi) that was inherited by her vide an unregistered "Will" of our father. This property (DDA Flat) was originally alloted in our father's name. He had also got the conveyance done and the property is now freehold. Subsequent to his demise, my sister have got the mutation of the flat done in her name with MCD after taking an Affidavit/ NOC from me.

 

In addition to this flat my father also Willed an Inherited house in my name . This was also part of the same unregistered Will.

 

Suddenly, my sister, after 2 years, is now asking me to give her a Relinquishing Deed and have the same registered.

 

Please advise as follows:

A)    Why would she need a “Registered Relinquishing Deed” now after the mutation of the property?

B)    Is there something Fishy happening that I can’t see as we are not in good terms with each other?

C)    Should I also ask her for a “Registered Relinquishing Deed” for my share i.e the inherited property that my father Willed me?

D)    Can Both the Deeds be registered as One Document?

E)    If no, can they be done on the same day?

F)    Should I give or ask for the Relinquishment first, just in case she refuses after Taking it from me?



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 April 2012

 

Dear Querist,

 

YOU CANNOT RELINQUISH WHAT YOU DON’T HAVE YOURSELF ! 

 

Since your father gave one property each to you – each of you has the right over her own property and not the other one, how does relinquishment deeds figure into all of this. Obtain a probate of the will ASAP and then get mutations done of the respective properties in your name. 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 April 2012

 

Dear Querist,

 

YOU CANNOT RELINQUISH WHAT YOU DON’T HAVE YOURSELF ! 

 

Since your father gave one property each to you – each of you has the right over her own property and not the other one, how does relinquishment deeds figure into all of this. Obtain a probate of the will ASAP and then get mutations done of the respective properties in your name. 

Mrs . Shanta Rani (Housewife)     01 April 2012

Mr Bharat Chugh,

Thank you for your prompt reply !

Kindly noteonce again... that based on the Unregistered Will of our father, mutation of both the properties was completed in our respective names. At that point in time, we gave each other an NOC and as on date our names are on the MCD records.

Therefore my questions as stated above

 

Dr J C Vashista (Advocate)     01 April 2012

Will, whether registered or unregistered, require to be probate.

Mutation is to be challanged if either of you want. 

Relionquisment of share can be clubbed for both properties

1 Like

Mrs . Shanta Rani (Housewife)     01 April 2012

Dr. Vashista,

Thank you for your reply !

Just a clarification...Are you saying that after giving an NOC (No Objection Certificate) which has been forwarded after attesttation of Indian embassy in Canada, based on which the land holding authority has transferred the ownership, my sister can challenge the mutation?

nilesh (doctor)     22 November 2014

hi this nilesh i just want to know that my flat is in my name n my fathers name whose loan n other payment is done by me, n my fathers health is not good now a days n want the property to transfer on my name which is 50% of his share exclusively so can i do the relinquishment deed n can my sisters challenge the deed in future n in relinquishing deed stamp duty is chargeble n if yes how much % n registration charges how much % n if the answer is no then which deed i should which is the cheapest of all i stay in thane maharashtra


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