Daughter have no right as by virtue of WILL, both son are sole and absolute owner. Release deed will cost stamp duty, so as a precuation, she can be witness in sale deed.
Deed not required.
Relinquishment deed
A person makes a registered will in which he bequthes his home to his 2 sons and bank account to his daughter. After his death The brothers mutate the property jointly in thier names. Now they want to sell it and purchaser wants relinquishment deed from sister. Is deed required and if it can be made can it have reference to will and mutation
Asked 6 years ago in Property Law
Religion: Hindu
16 Answers
purchaser wants relinquishment deed to avoid legal complications in future
2) it should be duly stamped and registered
3) no need to mention about will in relinquishment deed
If there is will in favour of 2 son there.is no requirement of any relinquishment deed and even if deed is made it won't be valid as she has no share in the property.
No need for any relinquishing by sister. Mention in the sale deed the property is bequeathed to the present owners by a will giving all reference of the will. This will be sufficient for a valid sale deed.
So if no need of mentioning will in relinquishment deed , then in sale deed what should be mentioned- will or relinquishment deed or both. Should only relinquishment deed be made separately without its reference in sale deed
Asked 6 years ago
See there is no requirement of relinquishment deed by will the owner has given property to sons who can using registered will can sale the property.
In sale deed both Will and relinquishment deed can be mentioned
it it should be mentioned that father bequeathed property to 2 sons and daughter executed relinquishment deed
Relinquishment deed is required so so that she doesn't claim the same in future. Her noc can be taken and she can be a party as confirming party in sale deed with averments in the sale deed about relinquishing her share.
In relinquishment deed it will mention the deceased leaving the two brothers and sister as class I legal heirs , where as in fact , as per WILL as on date , legal heirs to said property are only brothers, can the word legal heirs be substituted by surviving members in relinquishment deed or is it ok to cite the three as legal heirs as on date . Will it not be contradiction if mentioning both WILL and RD in sale deed.
Asked 6 years ago
Legal heirs will be used and relinquishment of her share will be mentioned
You have not applied for probate
probate is judicial proof that will is genuine
it should be mentioned that father bequeathed property to 2 sons and sister had no objections to mutation of property in her brothers name and executed relinquishment deed to relinquish her share in property
no no harm in mentioning 3 legal heirs
It is ok to cite three legal heirs . Yes it would be contradicting of mentioning of relinquishment deed and will in sale deed.
Hi, you should probate the WILL from court .. No relinquishment deed is required once the WILL is probated
1. relinquishment deed is not needed
2. by the Will the property was bequeathed to the 2 sons and so the daughter has nothing to release in the property
3. she just has to make an affidavit saying that she accepts her father's Will and the bequest of the property made by him in the favour of his sons against which she has no objection
If there is WILL than RD is invalid.
And if want RD than this will be refusal to accept WILL and wife and children of son`s are absolute owner. Sons will assume pre deceased.
When there is a Will bequeathing the property to the beneficiaries and the same has been mutated on their names by operating the Will, then there is no necessity for any relinquishment deed from the other legal heir, however if necessary she may execute a a NOC on a non judicial stamp paper expressing her no objection for her siblings to sell this property.
If a relinquishment deed is made then there should be a mention about this as well as the Will in the registered sale deed that is to be executed in favor of the buyer.
In my opinion there is no necessity for any relinquishment deed in this situation.
In relinquishment deed she will be mentioning that she relinquishes her rights in the properties in favor of the other shareholders, she need not even mention who they are etc. However for executing a registered sale deed, it would be better that she mention both her brothers name in her relinquishment deed since the same will be reflected in the registered sale deed.