Hello sir, My question is i have commercial property which Acquired from my father after his expiry. we the legal hairs mother, myself(unmarried), sister(unmarried) leased the property to lessee recently. can i exclude my sisters name from the lease deed during registration by taking her consent agreement which she is willing to provide. i want my mother and myself to sign the lease deed. could you please send the sample draft wordings. 2nd question : If we three signed for lease deed, how can i take her consent agreement after her marriage as she is about to get married soon, within the lease period expiry. thank you
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See sister need to do a relinquish deed in favour of you and your mother to give up her share in property . The relinquish deed need to be registered and stamp duty has to be paid . The deed has to be registered befrore sub registrar office.
Even after signing lease deed she can relinquish or gift her share to you and your mother or either of you.
The easiest way is to designate one heir as the “manager” for the property. The other heirs would give that person a Real Estate Power of Attorney, which specifies exactly what the “manager” can do - lease the property, collect rent money, handle repairs, etc. Keep in mind that ALL of the heirs must be in agreement on this.
She can relinquish her right for the same. You can do that.
Your sister can execute relinquishment deed to relinquish her share in property
2) it should be duly stamped and registered
3) mere consent affidavit is not sufficient
Dear Client,
Her involvement is must for valid lease deed, She can issue authority letter to act on her behalf to execute gift deed.
If you want her leave her ownership on property than she will have to execute release deed in you favor.
Hi,
You may get the Special power of attorney or the relinquish deed from the sister and then you and your mother do all the dealings. If you all three sign the lease deed now, you may take special power of attorney or relinquish deed later also.
The lease agreement has to be signed by all the legal heirs or if you want to exclude your sister, then either you or your mother can get a POA from hr to sign the deed on her behalf.
Whether she is married or unmarried she is entitled to a legitimate share in the property hence until she relinquishes her rights by executing a registered release deed in your favor, she cannot be excluded from the property.
