• Continuation of legal heir share release to son and daughter

In continuation to previous query on share release to son and daughter.
1. We have legal heir certificate in the name of father, son and daughter.
2. For father to release his share, can release / relinquishment deed is applicable when property is not in our titles?
3. Can release deed is revocable? On what conditions?
4. Can we get release of his share and register it first. Then do a partition deed?
Asked 13 days ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu

relinquishment deed can be executed by father to relinquish his right t, tile , interest in flat 

 

2) it is irrevocable 

 

3) it should be duly stamped and registered 

 

4) you can do partition deed later 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

release deed is a legal document used to renounce one’s claims against a specified property.

 

Relinquishment deeds are legal documents by which a person can give up on his or her legal rights over a property to someone else with their consent. 

 

there is no major difference between release deed and relinquishment deed 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

1. Yes the release deed is applicable for father's share

2 It cannot be revoked unilaterally.

3. Yes you can get a release done and then get same registered.

Shubham Jhajharia
Advocate, Ahmedabad
16364 Answers
66 Consultations

5.0 on 5.0

See release and relinquish are same while settlement is settling the family property.

 

Yes money issue can be dealt after share is relinquished.

Money cannot be claimed through the land for same different option of recovery is there.

Shubham Jhajharia
Advocate, Ahmedabad
16364 Answers
66 Consultations

5.0 on 5.0

Release deed is irrevocable and executes for immovable property. Share can be transfer by mere gifting. No registration required.

release, relinquishment both are same.
and settlement deed - distribution of property by owner to his family member.

Partition will effect of property in which release deed will effect.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

1. Only the sole owner or co sharer can release his share. Release of share can be made only in favour of co sharer. if the beneficiary does not have share in the property then the owner will have to make deed of gift.

2. Deed of release and relinquishment are both the same thing where settlement deed is different.

3. In release deed share is relinqished while through settlement deed shares are modified, altered or even gifted. 

4 For movable assets deed of gift is enough which doe snot require registration. 

Devajyoti Barman
Advocate, Kolkata
16928 Answers
240 Consultations

5.0 on 5.0

Relinquishment deed can be executed by a legal heir who has share in the property. Settlement deed is similar to relinquishment deed but in Settlement deed share of every heir is determined and settled. You dont have to execute all the deeds. If you need a partition deed execute that.  You need to set your priority before executing the same. All deeds attract stamp duty 

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

Relinquishment deeds are legal documents by which a person can give up on his or her legal rights over a property to someone else with their consent. On the other hand, a deed of release, also known as a deed of reconveyance is a legal document used to renounce one’s claims against a specified property. A deed of release can be said to completely release the parties from the previous obligations. One cannot find a major difference between the two. The context of using the terms may vary at times but the actual meaning of the two terms are fundamentally the same.

 

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

The father being a co-sharer, can execute a registered release deed relinquishing his rights in the property.

This can be done even before partition in favor of other legal heirs.

The registered release deed cannot be revoked except by a judgment of a court of law.

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Father can execute a registered release deed relinquishing deed in favor of other legal heirs. 

Settlement deed is that after acquiring his share in the property, he executes registered settlement deed in favor of anyone of his choice with or without any condition.

Registered release deed may be executed in return of any consideration for this act.

Partition of property can be drawn after the said release deed.

In registered partition deed the partition of movable properties and the mutually agreed conditions therein also can be drawn which will remain forever until they go for any rectification at a later date.

 

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Dear 

  1. Yes relinquishment deed is valid even if property is not on your name but on name of your mother from whom it is going to be inherited to you. 
  2. Yes release deed is revocable if the maker of release deed can prove that it was done by fraud or some one proves that it was not made with a sound mind condition.
  3. Yes you can get the Relinquishment deed first and then go for partition.

It your choice how you want to settle the money issue between you and what method will be convenient to both of you. 

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

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