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Mohit   25 December 2017

Relinquishment deed

My Grandfather was the owner of residential property in South Delhi. After his demise my father became the owner as per registered will. My father has 2 sisters. The will clearly states that both the sisters will have no right in the property and my father is the absolute owner. The will is registered. My father has got the property mutated in his name. So in MCD the property is in name of my father. We want to reconstruct the property and approached the bank for loan. Bank has checked all the documents and are stating that my father is getting the ownership only through will. They are asking for Relinquishment deed. As per what I have read, this deed is required when there is no will. Moreover the format of deed states that after demise all legal heirs have equal share in property and two of them will release their share in favour of third. I believe that this is wrong as the will clearly states that both sisters have no right in the property. Please advise whether this is compulsory document to be submitted and is asked by all the banks. Thanks



 7 Replies

Vijay Raj Mahajan (Advocate)     25 December 2017

Have got the Will probated from competent Civil court? You took your registered Will for Bank loan and on that basis you want bank to finance you and after sometime if someone else challenge the Will in court the whole matter get into long litigation and bank is struck with it's amount given to you. Relinquishment deed duly signed by all the heirs is to make clear about none of them challenging the Will later on. When Will is probated in the Civil court all heirs served with court summons to challenge it otherwise Court probated it and Will becomes executable.

Mohit   25 December 2017

Is Relinquishment deed to be registered as well ? Please explain the process and documents required and who will register. Are all parties required for registration ? Thanks

R.Ramachandran (Advocate)     25 December 2017

When did your grand father die?

Whether your Aunts know that the property has been willed by your grandfather to your Dad?

Whether your Aunts would come and give a NOC and state that they abide by the WILL?  If not, you have to get the WILL probated.  (NOC is enough. That means they are agreeing with the contents of the WILL and they are ready to abide by the same.  Therefore, there will be no need for any Relinquishment Deed at all.  Having said this, it is to be stated that Relinquishment Deed requires to be registered.)

 

 

Kumar Doab (FIN)     25 December 2017

It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.

It is no mandatory to probate the WILL other areas. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

Registered WILL fetches more reliance and is not easily set aside atleast on the counts of authenticity.

The last valid WILL prevails.

Kumar Doab (FIN)     25 December 2017

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; ‘Testate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt inviting objections if any, to the WILL and/or may write to legal heirs to submit their objections if any within set time.

The beneficiary/executor can heck locally and comply with procedure.

Once the WILL is duly acted upon without any cloud on it, the authority shall update mutation record in the name of beneficiary.

There might be NO or reasonable/negligible fee for it.

Thereafter beneficiary may obtain certified copy of updated mutation records showing ownership in the beneficiaries, along with copies of relaed docs e.g; NOC etc 

Kumar Doab (FIN)     25 December 2017

 

You have posted that:

“The will is registered. My father has got the property mutated in his name. So in MCD the property is in name of my father.”

In that case the authority must have updated the mutation record in the name of your father, after compliance of due procedure.

You may respond if your aunts (daughters of testator) and legal heirs other than beneficiary (your father) submitted NOC to the O/o Authority or what was the procedure adopted by O/o Authority…….

The relinquishment deed is to be registered at O/o Registering Authority and the parties that are relinquishing are to appear. 

Are you apprehending any dispute to the WILL or unwillingness to sign relinquishment deed?


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