• Name Transfer of flat in Housing Society

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.
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

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

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

Sir all the legal.heirs have to relinquish in your favour that is your siblings and mother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir there is is no difference as such the legal heirs.shall release there.share vide relinquishment deed in your favour

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

Both are same.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Release deed and relinquishment deed - both are same and one - In Hindi - HAQ TYAG.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

A relinquishment deed has to be made by both of them in your favor

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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 ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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