• 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 2 months ago in Property Law from New Delhi, Delhi
Religion: Hindu

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.

Yogendra Singh Rajawat
Advocate, Jaipur
10445 Answers
9 Consultations

4.6 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
62509 Answers
3809 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
16164 Answers
66 Consultations

5.0 on 5.0

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. 

Kallol Majumdar
Advocate, Kolkata
290 Answers
1 Consultation

5.0 on 5.0

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. 

 

Shubham Jhajharia
Advocate, Ahmedabad
16164 Answers
66 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
62509 Answers
3809 Consultations

5.0 on 5.0

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. 

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

Legal heirs will be used and relinquishment of her share will be mentioned

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
62509 Answers
3809 Consultations

5.0 on 5.0

It is ok to cite three legal heirs . Yes it would  be contradicting of mentioning of relinquishment deed and will in sale deed.

 

Shubham Jhajharia
Advocate, Ahmedabad
16164 Answers
66 Consultations

5.0 on 5.0

Hi, you should probate the WILL from court .. No relinquishment deed is required once the WILL is probated 

Hemant Chaudhary
Advocate, Gurgaon
4170 Answers
25 Consultations

4.9 on 5.0

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

 

Yusuf Rampurawala
Advocate, Mumbai
4022 Answers
17 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
10445 Answers
9 Consultations

4.6 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

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