• Relinquishment deed without succession certificate

My father expired 12 years back without leaving a will, he owned 2 properties, a house in Delhi and another in Chandigarh. I occupy the property in Delhi and my brother occupies the property in Chandigarh. Our mother and sisters do not want any share in the property and we want to transfer the house in Chandigarh to the name of my brother and the house in Delhi to my name. Since all the family is settled in different parts of the country I have few questions:
1. Is it mandatory for us to seek a succession certificate before executing the Relinquishment Deeds?
2. Can we transfer the ownership based on the relinquishment deed without having the succession certificate?
3. The Relinquishment deeds needs to be registered separately in Delhi and Chandigarh or both can be done at one place?
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Sikh
1) it is not mandatory to obtain succession certificate 

2) property can be transferred on basis of relinquishment deed 

3) succession certificate is only for movable properties 

4) register it separately 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1. For registering a Relinquishment Deed the succession certificate is not mandatory. 
2. Yes you can transfer the right over the property by creating a Relinquishment Deed in favour of your brother. 
3. The two properties are situated in two different Registrar office .So it is necessary to execute the deed of registration in two different places. 

Note: 
Succession certificate or relationship certificate is necessary for loan and other future requirement concern with those properties. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
A. It is not mandatory, you can release your right without obtaining succession Certificate. For your information, it is applicable for only movable properties.

B.  Yes, you can transfer the ownership right as you wish.

C. In Karnataka, we can register the same in one sub register office by mentioning all the properties in a Release/ Relinquishment Deed. Contact with a local lawyer with respect to the same. In my opinion, you can register the same in any one place as like registration of Will or GPA because of you are not selling the property, just releasing your right.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1. Succession Certificate is not required to execute a deed of relinquishment. So your mother and sisters can proceed to execute a deed of relinquishment in your and your brother's favour.

2. Once the relinquishment deed is executed a partition deed can be drawn up to amicably divide the properties.

3. The relinquishment deed is to be registered where it is executed whereas the partition deed can be registered in either Delhi or Chandigarh.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi,
1. In reply to your first question, it is necessary to obtain Heirship Certificate from the district Court of respective area, in your case it has to be from the District Court of Chandigarh (for property of Chandigarh) and same from Delhi respectively.It takes around 4-6 months time and payment of Court fee in the form of judicial stamp paper as calculated by the Court registrar. The Court will issue Heirship Certificate in the name of all the legal heirs and afterwards you can make relinquishment deeds accordingly and register it.
2. No, you can not transfer ownership on the basis of relinquishment deeds without first obtaining Heirship Certificate from the Court.
3. Yes, Relinquishment deeds has to be registered separately in Delhi and Chandigarh.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. Is it mandatory for us to seek a succession certificate before executing the Relinquishment Deeds?

Succession certificate is not required if the family arrangement of relinquishment has agreed upon by all the legal heirs mutually among them. Release deed relinquishing their rights in favor of the beneficiary may be executed by the person relinquishing the rights. 

2. Can we transfer the ownership based on the relinquishment deed without having the succession certificate?

Yes, you can go ahead.


3. The Relinquishment deeds needs to be registered separately in Delhi and Chandigarh or both can be done at one place?

Generally the execution of he Release deed document can be registered at the jurisdiction where the property situate.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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