Hello,

best option will be that your mother makes a relinquishment deed and relinquish the share in your favour. Thereafter you may get the entire land mutated to your name.

Regards

1. Your mother can execute a registered Gift Deed for her share in the property in your favour or your mother can execute a registered Release/Relinquishment Deed in your favour relinquishing her share in the property.

2.  By this way you can become absolute owner of 1.5 acre agricultural land, which is at present in the joint names of you and your mother.

Your mother can transfer her share in the property to your name by executing a registered settlement deed or registered gift deed.

It can be either be a gift deed or a relinquishment deed. 

The best option for you is to get a gift deed executed from your mother in your favour which is going to save you some stamp duty as well. Also, who said give that needs to be mandatorily registration.

If you're going for a relinquishment deed, you would have to pay more stamp duty as government gives rebates in case of registration of gift deed to blood relatives.

A relinquishment deed is the best option as your mother would relinquish her share and you would become the sole owner of the property. 

Partition is different and is not applicable here as partition would mean that she is asking for her share and hence the property would be partitioned.

Regards 

relinquishment deed can be executed by mother to relinquish her share in property 

relinquishment deed should be duly duly stamped and registered 

Dear Sir,

It is better to get execute a Relinquishment deed or Release deed from your mother. You may check stamp duties at the following government site.

https://www.karnataka.gov.in/karigr/Pages/-At-a-Glance--Stamp-Duty-and-Registration-Fee.aspx

FORMAT OF RELEASE DEED IS AS FOLLOWS

DEED OF FAMILY ARRANGEMENT FOR RELEASE OF PROPERTY IN FAVOUR OF OTHER BENEFICIARIES IN CONSIDERATION OF ANNUITY

THIS DEED is made at ........... on this ......... day of ......... 19 ......... between Smt. A widow of B resident of ........ hereinafter called as Smt. A of the FIRST PART, and C son of B resident of ........ hereinafter called as Shri C of the SECOND PART and D son of B resident of ....... hereinafter referred to as Shri D of the THIRD PART.

            WHEREAS  B was seized and possessed of the property fully described in Schedule hereunder written (hereinafter referred to as the said property) and the said B mortgaged the said property on .......... in favour of E to secure the payment of the sum of Rs. .......... with interest @..........% p.a.             

AND WHEREAS the said B died intestate on ................. at ............  leaving him surviving his wife and two sons, the parties hereto are entitled to equal shares in his estate.

            AND WHEREAS the District Court of ......... granted Letters of Administration to the estate of the intestate on ......... to Smt. A and Shri D.

            AND WHEREAS the said Shri C and Shri D have duly paid and discharged all funeral and administration expenses and all debts, except mortgage debt, which have come to their knowledge.

            AND WHEREAS the parties hereto have agreed that Smt. A will release the entire estate in favour of Shri C and D in consideration of the payment of annuity and of the covenants hereinafter contained.

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. In consideration of the annuity hereinafter granted to Smt. A and of the covenants hereinafter contained, the said Smt. A as beneficial owner, hereby assigns and releases unto the said Shri C and Shri D all that her rights, title and interest in the properties described in the Schedule hereunder written and to hold the same unto the said Shri C and Shri D in equal shares as tenants-in-common.
2. The said Shri C and Shri D hereby jointly and severally covenant with the said Smt. A that they or their legal heirs will pay to Smt. A, a sum of Rs. ............ during her lifetime, the first payment to be made on ........ and being in respect of the month beginning on that day.
3. The said Shri C and Shri D hereby also jointly and severally covenant with the said Smt. A that they or their legal heirs will pay mortgage money secured by the mortgage on the said property and will at all times hereafter keep the said Smt. A indemnified from and against all actions, claims, proceedings and demands in respect thereof.

IN WITNESS WHEREOF the parties hereto have set and subscribed their hands to this writing the day and year first hereinabove written.

The Schedule above referred to

Signed and delivered by the within named Smt. A

Signed and delivered by the within named Shri C

Signed and delivered by the within named Shri D

WITNESSES;

1.

2.

Its better to go for gift deed because any how you have to same registration and stamp duty for other deeds as well. 

This will be better for you later on no siblings will trouble you regarding this property.

Gift deed

Dear Client,

Partition - wrong advise.

Only relinquishment deed or gift deed. Less stamp duty on release deed.

Since the property i.e., 1.5 Acres is the joint property of both you and your mother, your mother can execute a relinquishment deed, whereby she will be relinquishing her 50% share absolutely in your favour. Partition deed would not be required for this transaction.

Since your mother plans to execute a Gift Deed in both your name and brother name out of the 5 acre land she owns in mysuru, which will take immediate effect in so far as the transfer is considered, she need not execute a partition deed for this property as well. But she could think of executing a WILL in respect of the remaining land that she will retain in her name, which will come to effect post her demise only.

Now only after transfer of the land in Mysuru can you proceed to get the relinquishment deed executed by your mother for the 1.5 acre of land and not before that.

1. A registered Release Deed or a Gift Deed, is the best option for transferring property between joint owners (while being alive).

2. Do the above AFTER receiving the RTC documents, and annexing the RTC with the Gift Deed.

Keep Smiling .... Hemant Agarwal

Sir best option is gift feed your mother should gift you her share of the property. Alternatively relinquishment deed is also option as you are co-owner of property.

Registered relinquishment deed or gift deed will suffice your purpose.