Your mother and your sibling can execute relinquishment deed to relinquish their one third share in property
Relinquishment deed should be duly stamped and registered
Hi, We have a flat in Mumbai in the name of my father. In Nomination father named my mother as primary and there are two more nomination included my sibling and me. So total 3 nominee exist in nomination. My mother and my sibling want to transfer the property to my name by giving up their rights. What should be done A Release deed or relinquishment deed.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Your mother and your sibling can execute relinquishment deed to relinquish their one third share in property
Relinquishment deed should be duly stamped and registered
I met a real estate agent who was saying I have to do a release deed. So I was confused about difference between release deed and relinquishment deed. Can you please enlighten me.
Sir there is is no difference as such the legal heirs.shall release there.share vide relinquishment deed in your favour
If any of the family member purchased the property in his name and dies intestate i.e Without leaving WILL than in that case all the Legal Heirs of died person execute the Relinquishment Deed in favor of one person to whom they want to transfer the property.
By and large both the terminologies are synonymous and same stamp duty is paid for registeration of the deed
Transfer of flat to a nominee upon demise of original member is not equal to transfer of ownership to nominee
Nominee doesn't become owner merely on his name being entered in share certificate
That gives no ownership title
For transferring proper ownership title, any one legal heir of deceased member has to obtain a Letter of Administration or LA from court
For that a petition has to be filed in court
Court will follow the procedure and appoint an administrator who will then administer property of deceased
The administrator will then sign and register transfer deed in favour of legal heirs or any one legal heir (with consent of other legal heirs) thereby transferring the property of deceased to the legal heir
This registered document then gives a proper title to the legal heir and he becomes owner
The document can be submitted to society which will then enter name of that person in share certificate
In your case your mother and sibling can join as confirming parties in the transfer deed between administrator and you
Just entering name of nominee in share certificate will serve purpose now but it will pose problems in future when you wish to sell the flat
If your buyer has applied for bank loan then bank will not accept mere entry in share certificate as good title. It will ask seller to obtain LA and do above procedure. In that event the loan of buyer will not be sanctioned and thus you will get few buyers
Release and relinquish mean one and the same
An agent is not the right person to be asked on these issues
Release Deed... If both partners mutually purchased the property and one of the partner wants to release his share from the property than in that case Release Deed executed.
Relinquishment Deed...If any of the family member purchased the property in his/her name and dies intestate i.e Without leaving WILL than in that case all the Legal Heirs of died person execute the Relinquishment Deed in favor of one person to whom they want to transfer the property.
Dear,
Release Deed- If both partners mutually purchased the property and one of the partner wants to release his share from the property than in that case Release Deed executed.
Relinquishment Deed- If any of the family member purchased the property in his/her name and dies intestate i.e Without leaving WILL than in that case all the Legal Heirs of died person execute the Relinquishment Deed in favor of one person to whom they want to transfer the property.
So in your case relinquishment deed is good.
Release Deed- If both partners mutually purchased the property and one of the partner wants to release his share from the property than in that case Release Deed executed.
Relinquishment Deed- If any of the family member purchased the property in his/her name and dies intestate i.e Without leaving WILL than in that case all the Legal Heirs of died person execute the Relinquishment Deed in favor of one person to whom they want to transfer the property.
OPTION 01:
1. Since Deceased had not executed any WILL, hence file Petition before the local Civil /High Court, to issue "Letter of Administration", in favor of either of the four or all four persons, consequent to which the deceased's Property can be transferred appropriately.
OPTION 02:
2. Execute a proper Stamp Duty paid & Registered "Family Settlement Deed", by mutual signatures of all the Four legal heirs, wherein the property of deceased can be distributed amongst themselves.
3. Both above process shall confer absolute Title-Ownership of the deceased's property to the Four Legal Heirs, for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....
This is my response to you:
1. You can go for release deed;
2. The stamp duty payable is less and registration is nominal;
3. This is a simpler method;
4. You will need to draft a perfect release deed with no loopholes and complete recitals;
5. Also make sure that you apply for letters of administration to get perfect title;
6. Consult a local lawyer and take steps.