Relinquishment deed and registration related queries


Anybody Can Please provide inputs on Relinquishment deed -
1) Can all relinquishers be named in single deed relinquishing in favour of same person ?
2) What if legal heir of property is dead. Do all their children need to sign the deed of their parent's share or any one would be sufficient.
3) I read that registration is compulsory. So, can the deed on stamp paper be signed by all the relinquishers and presented by the beneficiary alone at the sub registrar office with witnesses or all the relinquishers need presence ? The issue is all relinquishers are living at different cities and places Virtually impossible to gather all at single time. Please guide.
Awaiting valuable response.
 
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Lawyer 9830019661 Kolkata WB

1) Only co-owners of a property can relinquish their share in the property in favour of another co-owner and all relinquishers through single Deed can relinquish their shares in favour of another co-sharer either for consideration or without consideration.

2) If any of the relinquishers is dead, then all his/her legal heirs and heiresses have to put their signatures in the Relinquishment Deed.

3)It is compulsorily registrable and all the parties of that Relinquishment Deed along with two witnesses have to be present at the time of registration.


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(1]) Yes

(2) All the children of deceased legal heir have to sign.

(3) All the relinquishers and beneficiary have to sign on relinquishment deed before sub registrar.If it is not possible to all relinqueshers be available together then they can execute separately their deed.

 
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Advocate

your query is seems academic.  state the facts. If legal heir dies then the second class legal heir should obtain succession certificate/ order from the  court

 
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Sir, Thanks for the reply. 

1) If seperate deeds are made, then suppose one deed requishers deed is Registered, and during the time when second deed is under process , can the first relinquisher change his mind and revoke it ?

2) As already mentioned that all relinquishers live seperately, and in order to avoid situation in above point 1, can in any manner like through Video conference, or any other procedure, personal presence of relinquishers be exempted as they have already signed on the single deed and also in name of same person ?

3) The relinquishers do not know about the property nor they have interest in the property, so can this be any reason or any legal procedure for avoiding the deed and get property legally transferred in any way in name of single beneficiary legal heir have long possession about 20 years over the property ?

 
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Retired employee.

Explore such options through a competent advocate and through a POA.

 
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Originally posted by : Vijay Shankar
Sir, Thanks for the reply. 

1) If seperate deeds are made, then suppose one deed requishers deed is Registered, and during the time when second deed is under process , can the first relinquisher change his mind and revoke it ?

2) As already mentioned that all relinquishers live seperately, and in order to avoid situation in above point 1, can in any manner like through Video conference, or any other procedure, personal presence of relinquishers be exempted as they have already signed on the single deed and also in name of same person ?

3) The relinquishers do not know about the property nor they have interest in the property, so can this be any reason or any legal procedure for avoiding the deed and get property legally transferred in any way in name of single beneficiary legal heir have long possession about 20 years over the property ?

Please respond sir.

 
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Lawyer 9830019661 Kolkata WB

 1) Usually after due execution and registration,the Relinquishment Deed cannot be revoked until and unless  fraud, undue advantage, misrepresentation etc had been exercised upon that Relinquisher to mislead him/her.

2)The relinquishers who are unable to be present at the time of registration of that Relinquishment Deed, can execute a general Power of Attorney in registered manner constituting one of the relinquishers as their Attorney for the purpose of executing and presenting the Relinquishment Deed on their behalves before the Registering Authority as well as to represent them in this regard before all the Judicial,Quasi-Judicial, Statutory,Municipal and Local Authorities in future. Thereafter by virtue of that registered Power of Attorney that Attorney on behalf of all other relinquishers can execute that Relinquishment Deed in registered manner by presenting the same before the registering authority in presence of the co-owner in whose favour such property is relinquished and in presence of atleast two witnesses.

3)Law cannot encourage anybody to deprive the co-owners even when they have no knowledge about their co-ownership. 

 
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Advocate

Fully agree wiith MS Banerjee. Presence of those relinquishers who cannot atend to the execution and registration of the deed can be avoided by Power of Atorney given by them in favor of one of the relinquihsers as suggested by the Expert.

 
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Advocate

1. Many times it happens that a person dies intestate (without leaving a will or testamentary will) in such cases the property of that person is inherited by his/her legal heir. Then it’s up to the heirs as what they want to do with the said property. If the heir’s come to the conclusion of separation of property, then anyone of the co-owner (who is not willing to keep the property) can relinquish his share in favour of the other owner. This process of transferring property from one owner approving the other is known as “Relinquishment of Property”.

The releasors can relinquish their rights in favor of one releasee also in a single relinquishment deed..

2. If the legal heirs of the deceased legal heir are willing to relinquish their frights in the property, they can execute the release deed jointly in a single deed.\

3. Those who have opted to relinquish their rights in the property are to be present before the registrar to sign the deed in the presence of registrar along with the witnesses, it is mandatory.

If one of them is not able to appear before registrar for various reasons, he or she may give a registered power of attorney deed in favor of his close relatives to execute this registered release deed on his or her behalf. 

 
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