• Relinquishment sister rights

In my father name 1.07 acre agriculture land are there and title has been transferred from my late grand father(died on 1996) self acquired property through pouthi khata, 

my father have 2 late brothers and 2 married sisters, at the time of khata transferred to my father all were presented before village accountant but we have not executed any deeds to relinquish their rights to my father, since it is pouthi khata transfer. 

now 2 married sister willing to relinquish their rights to my father.

kindly advice how to transfer their rights to my father and

we want know 2 late brothers inherit rights to their family against this property.
Asked 1 year ago in Property Law
Religion: Hindu

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11 Answers

deed of relinquishment has to be executed by sisters . it has to be duly stamped and registered 

 

on demise of 2 brothers their shares devolve on their wife and children 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

You have to perform the mutuation for the transfer the said ownership 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

All have /15th share each and daughters have to execute registered release deed in favor of your father. And deceased brothers share will inherit in their family ( wife/children/mother).


1/5th share*

 

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

hello, 

A relinquishment deed will have to be made, get in touch with a local lawyer for the same. 

Yes they do inherit the rights against the property. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

See the two sister can prepare and register a relinquishment deed in favour of your father, the stamp duty and registration fee for same has to be paid. 

The deed is required to be registered before the sub-registrar office.

The legal heirs of the late brother have right on the deceased late brothers share.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

sisters need to relinquish her share in favour of your father,  it should be duly stamped and registered. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

On the death of your grandfather his legal heirs all in common shall get the equal right over the property.

On the death of your uncle (father's brothers) their respective family members get the same right under inheritance.

If your father's sisters are willing to release their rights over the property they may do so by registering relinquishment deed in favour of your father under this circumstances your father will get the share of his sisters in his name.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

Just get registered relinquishment deed and proceed to transfer the property.

Kishan Dutt Kalaskar
Advocate, Bangalore
5710 Answers
270 Consultations

4.8 on 5.0

They can transfer their right in favour of your father making a settlement deed or relinquishment deed and get it Duly stamped and registered.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Yes, they can give relinquish deed to your father.

The term “Relinquishment” refers to the abandoning and surrender of the rights, title and interest, by one co-owner of a property in favour of the other co-owners. Relinquishment deed is a legal document where under a legal heir gives up or releases his legal rights in an inherited, parental or joint property in favour of other heirs. The consequence of Relinquishment of one co-owner’s share is enlargement of the shares of the other co-owners.

Formation of relinquishment deed: – The deed is drafted by a legal expert as per the wishes of the co-owner who wants to give away his shares. For the execution of the same stamp paper is purchased.

Registration of Relinquishment deed: – Relinquishment deed is one of the documents which fall under Sec 17 of the Registration Act, 1908 and hence it is compulsory to get it registered at the concerned sub-registrar office.

After the registration fee is paid, both the parties and 2 witnesses visit the sub-registrar office on the fixed day for the registration of Release Deed. Some important facets to be considered here are:-

Relinquishment of property cannot be made in favour of a person other than a co-owner.

If a Relinquishment is made in favour of a person who is not a co-owner, the transaction shall be treated as a gift and would attract the same stamp duty as applicable on gift deed/ conveyance deed.

A relinquishment deed is subject to a close scrutiny by the Sub-Registrar because it is often used to save the stamp duty payable on a gift deed.

A release or a relinquishment deed is irrevocable even if it is made without any consideration. For a valid Relinquishment, the property in question must be owned by more than one person.

Registered Relinquishment Deed is collected after a week.

A Relinquishment Deed or a release deed is generally used to transfer ownership when a person dies without leaving behind a will and his legal heirs inherit his property as per the provisions of the Hindu Succession Act 1956. In such a case, relinquishment deed is used for transferring the shares of the legal heirs in favour of one of them and then getting the mutation done in favour of the legal heir in the records of government.

In Telugu Kishna Mohan and Another vs Smt. Boggula Padmavathi and others, it has been held that an unregistered relinquishment deed is not admissible in evidence for want of registration under Section 17 of the Indian Registration Act.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

The property left behind by your grandfather shall devolve equally on all his legal heirs if he is reported to have died intestate.

Upon this, the khata transfer to your father's name alone cannot confer title to the property on his name, others have to relinquish their rights in the property in his favor by executing a registered release deed.

Therefore your paternal aunts have to execute a registered release deed relinquishing their rights to their share in the property in  his favor.

The legal heirs of the deceased brothers are entitled to their respective shareholder's share in the property.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

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