• Release deed by daugthers in favor of his fathers joint family property with his brothers

Hello, 

Request you help here. 

We have a undivided joint property belonging to my father and his 3 brothers. which is the joint family property acquired by them thru registered family parition deed executed between my grand father and his brother. MY grand father and all his 4 sons name is present in registered family parition deed in 1974 and all sons of my grand father were un married. 

my father is second son. 

1. my grand father passed away. in 2016
2. my 1st uncle passed away in 2020 leaving behind 3 sons. 
3. my Third uncle has three daughters
4. my fourth uncle has two sons. 

the prorpety remained undivided still to this day. 

now for some legal necessity my two uncle have decided to execute release deed in favor of my father ( second son) and my first uncle sons are ready to sign as consenting wintess. my questions. 


1. can by 2nd uncle three daughters sepereatly execute release deed in favor of him before he executes in favor of my father. how can this be done, since the property is undivided. 

can we write as 
1. release acquired proepty thru family parition deed and he is co owner with his brothers and he has equal share with his brothers. 
2. daugthers are releasing their right and claim in his father undivided share. 
3. in schedule property. can we mention the whole extent of schedule here and say all that peice and parcel of his 1\4th share in the property measuring total extent of ex. 10 sq meters like that ? 


2. similar question as above for two sons of my fourth uncle. can they execute release deed in favor of their father, before they exeute to my father similar to above?

3. my first uncle is passed way. can his legal heirs sign as consenting witness executed by my two uncles in favor of my father ?



sample: release deed
1. Third uncle name
2. Fourth uncle name
and in favor 

--- reference to daugather of first party executed release deed registerd as ____ making him absolute owner for his share. 
-- reference to sons of second party executed release deed registerd as ____ making him absolute owner for his share. 
my father 

consenting witness 
1. my first uncle sons. 

any sample release deed please share and please advice
Asked 16 days ago in Property Law
Religion: Hindu

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12 Answers

Release deed cannot be in favour of only your father 

 

2) it operates for benefit of all co owners of property 

 

3) gift deed can be executed by uncles in favour of your father 

 

4) daughters can execute gift deed for their undivided share in property 

Ajay Sethi
Advocate, Mumbai
81189 Answers
5022 Consultations

5.0 on 5.0

Release Deed has to be executed relinquishing their rights over the property in favour of your father by all the legal heirs of your 1st Uncle ( since your 1st uncle is dead ), 2nd Uncle only (not his family members) and 3rd Uncle only(not his family members).

Shashidhar S. Sastry
Advocate, Bangalore
3414 Answers
193 Consultations

5.0 on 5.0

1.  Your third uncle can execute a registered release deed in favor of your father, for which he need not obtain any consent from his children, similarly your fourth uncle also can execute a registered release deed in favor of your father relinquishing his rights in the property.  The legal heirs/children of your deceased first uncle also have to execute  a registered release deed relinquishing their rights in the property in favor of your father. 

There is no necessity for the executors to mention about the exact share in the registered release deed.

 

2. The children of the fourth or third uncle do not have rights in the property, hence there is no necessity to obtain any release deed from them in order to make your father an absolute owner of the entire property.

 

3.  All the legal heirs of your deceased first uncle have to execute a registered release deed relinquishing their rights in the property. They  cannot become a mere consenting witnesses to the said registered release deed.

T Kalaiselvan
Advocate, Vellore
71247 Answers
1021 Consultations

5.0 on 5.0

The procedure involved in this aspect has been clearly explained in the previous post of mine, you may go through the same once again to understand the meaning and answer for your queries posted in the subsequent post.

However for the purpose of repeating, I repeat the explanation as follows:

The property that belonged to your decesed grandfather devolves equally on his own legal heirs and on the legal heirs of the deceased legal heir.

 

Since all the legal heirs are willing and have decided to relinquish their rights in the property, all of them may ahve to execute a registered release deed in favor of yor father.

The children of living uncles need not execute any release deed in favor of their fathers.

 

 

T Kalaiselvan
Advocate, Vellore
71247 Answers
1021 Consultations

5.0 on 5.0

Uncle can only execute gift deed in favour of father 

 

2) release deed cannot be in favour of your father only 

 

3) it operates for benefit of all co owners  of properties 

Ajay Sethi
Advocate, Mumbai
81189 Answers
5022 Consultations

5.0 on 5.0

Stamp duty is state subject and varies from state to state 

 

local lawyer will guide you as to stamp duty and registration charges 

Ajay Sethi
Advocate, Mumbai
81189 Answers
5022 Consultations

5.0 on 5.0

1. Cost of Stamp Duty for Release Deed registration amongst the blood relatives is only a nominal amount.

2. All the legal heirs of 1st Uncle, 2nd Uncle alone and 3rd uncle alone, can relinquish their shares over the property in your father's favour by executing a single registered Release Deed in the jurisdictional Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
3414 Answers
193 Consultations

5.0 on 5.0

The stamp duty is minimal for the registration of the release deed which is within the family members.

The release deed can be executed among the family members who are co-sharers in the property that has been inherited by them jointly.

 

T Kalaiselvan
Advocate, Vellore
71247 Answers
1021 Consultations

5.0 on 5.0

1. The Stamp Duty varies depending upon the location of the property, as to whether the property comes under BBMP/TMC, BMRDA, etc.. 

2.  However within blood relatives under BBMP, it's Rs. 5000/-.

3.  One can get all these details from Karnataka Government's website Kaveri Services.

Shashidhar S. Sastry
Advocate, Bangalore
3414 Answers
193 Consultations

5.0 on 5.0

First you become aware of the law that the release deed relinquishing their rights can be executed only within the  relatives who jointly inherited the property. 

Therefore the stamp duty is payable is same to all shareholders who intend to execute the registered release deed relinquishing their rights in the jointly shared property. 

In fact when the deceased legal heir is a blood relative, his legal heirs also become blood relatives to other shareholders. 

T Kalaiselvan
Advocate, Vellore
71247 Answers
1021 Consultations

5.0 on 5.0

On demise of uncle his one fourth share would devolve on his legal heirs 

 

2) they can execute gift deed for their share in property 

 

3) stamp duty and registration charges are payable 

Ajay Sethi
Advocate, Mumbai
81189 Answers
5022 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

  1. It is added to your knowledge that, the property belonging to your grandfather became a joint property (undivided) between his four sons i.e. each son (including your father) has a claim of 1/4th part. Since, one of your uncle passed away, his 1/4th portion would be inherited by his sons. Therefore, the owners of the joint property at present would be your father (1/4th part), your two uncles (with 1/4th part each) and your two cousins (with 1/8th part). 
  2. Therefore, it is advisable for you, for specific distribution of property, to file a partition suit to get the property divided and demarcated in the names of the owners after which they can gift or relinquish their partitioned property in favour of your father.
  3. It is also important to note that the ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. Therefore, the three daughters and the other children of your uncles need to give their consent before your uncles file a release deed.

Stamp Duty

As with all documents related to the transfer of immovable property, a release deed needs to be signed by both parties, stamped and registered. You should note that stamp duty will be applicable only on the portion of the said property that is released and not on its total value.

Therefore, your uncles will pay 1/4th part of stamp duty. whereas, the legal heirs of your deceased uncle will pay (1/8th portion). 

 

Procedure of Release Deed

This release deed will have to be registered before the concerned office of the sub-registrar of assurances on payment of stamp duty. For having the share certificate issued by the society transferred in your name, you will need to submit a copy of the registered release deed to the cooperative housing society along with the original share certificate with a request to transfer the share certificate in your name. 

 

 

 

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Anik Miu
Advocate, Bangalore
583 Answers
3 Consultations

5.0 on 5.0

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