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Raja Kan (administrator)     11 July 2012

Three brothers owned property transfer between legal heirs

A, B, C are three brothers. B purchases a piece of land in 'Gram Panchayat Area' in the name of all three brothers. Due passage of time A & C are deceased. A is survived by a son and five daughters. Wife of A is alive. C is survived by a son and a daughter. Wife of C is also alive. B intends to sell the piece of land to D. Under a family meeting it was decided that the wives, sons and daughters of A and C respectively would withdraw the claim from the said land without any consideration for all of them are well settled. B, a retired Military Personnel,  lives in a rented house with his wife and unmarried daughter. Now this is to decide whether the legal heirs of A & C can withdraw from the property by means of a 'Quit Claim Deed' or by a 'Deed of Surender of rights etc'? The provision of Gift Deed was duly weighed and it was assumed resorting to that would involve expenditure in terms of huge amount of stamp duty and would be burdensome over B and better be unventured.

                                                                                                   Kindly opine what would be the best legal step for B to adopt to for clear settlement. Others will cooperate in fullest extent.

                                                                                                                              Y/f,

                                                                                                                        Raja Kan



 2 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     11 July 2012

Dear raja Khan,

you can make a family settlement deed , wherein you can ask others to relinquish their rights. The deed need to be drafted with caution that others relinquish all their rights without any considerations .

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 July 2012

Go in for a registered relinquishment deed by which - A/C release/extinguish their rights. You'd have to pay the stamp duty but the matter would be settled for once and for all. Nothing less than a registered instrument wont work. 


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