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htarap1973 (ffff)     19 July 2012

Relinquishment deed ?

I have a query on Relinquishment Deed and its appropriate usage. I have identified a flat to buy in which the property originally was in the name of Husband and Wife. Husband passed away few years back and the wife being the joint holder in who's name the society has transferred the property. They have an adult  Son.

Now the wife has agreed to sell the flat and the son has no objection to the same. I would like to understand in this scenario is there  need of Relinquishment Deed to be signe by the son or is it ok for the son to make an affidavit delcaring no objection to the sale.

Please advise?


 3 Replies

H. S. Thukral (Lawyer)     19 July 2012

The half share of husband in the property after his death shall go to both wife and son one share each. Therefore society could not have transferred the whole right to wife without securing a RD from the son. If the   society had taken the RD before transferring the prperty in the name of  wife, you don't have to take another RD. if the society has transferred the flat without RD from the son then it is required before you go ahead with the deal. 

htarap1973 (ffff)     22 July 2012

Thank you for the response. Is it ok if  the Deed is notorised or is it mandatory to register the same.

H. S. Thukral (Lawyer)     22 July 2012

Yes. Registration is required.  

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