• Release deed from Sister

Hi, 
I got two sisters, both file a case against my father (2014) for ancestral property division. My father passed away (2020) and left WILL in favour of me for all immovable property (Agricultural land, which is partitioned in taluk office with seal and signature 40 years back among his five brothers and got RTC under his name since then) 
Now, one of my sister willing to step back and asking for settlement. If I get the relinquish/release deed from one sister, then her portion of the property (agricultural land and FD money) will get divided among me and my other sister (who wants to continue the case in court) or it comes only to me a I agree to settle with her by paying demanded money ? is it possible to get release deed in favour of me?
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

Relinquishment deed operates in favour of legal heirs ie you and your sister 

 

better option is for sister to execute sale deed in your favour for her one third share in property as you are paying her consideration for her share 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Dear sir, 

when your sister releases the property then the other sister ho is also not willing to settle, will accrue benefits. So, instead please go for other mode of transfer of property like sale of her share of the property under the pretext that she is paying you. That should work out in a better way in your interests. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

She can deal with only her share. If she releases her share which presuming that there are three shareholders comes to 1/3 you are entitled for that 1/3 and not more.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Sir,

1) Dear sir through release deed the portion of your sisters property will be open to equal division between you and your other sister.

2) Making a sale deed will be better and prevent your other sister form claiming that portion of property.

Thank you

 

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

Dear Sir, 

1) Sale deed can be made for undivided ancestral property as well.

2) Your other sister can file injunction petition against you sister from disposing her portion of the property.

3) Sir if you have filed case for proving that sisters do not have a part in the property, making a sale deed may be counter productive to your claim.

4) If the property was divided between your father and  brothers before the birth of you or your sisters, the property would have acquired the status of self acquired property.

Thank you

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

Firstly from the contents of your post it can be seen that this property do not fall under the ancestral property category hence their suit is not maintainable.

Secondly if one of your sisters is willing to relinquish her rights in the property, then her share of proeprty shall devolve equally on the remaining legal heirs or cosharers of the proeprty, even though the fact may be that you have made a settlement amount to her for this act to be done by her.

Your other sister shall be entitled equally in the property to which your sister's share had been relinquished. 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Since your father had transferred this property by testamentary disposition i.e., by bequeathing the same through a Will, it shall be your own and absolute proeprty, however you may have to get NOC for transferring the revenue records to your name after which you can sell the properties independently. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Apply for mutation of property in name of legal heirs ie you and your sisters 

 

then buy her one third share in property 

 

in alternative apply for probate of will 

 

probate is judicial proof that will is genuine 

 

one of sisters can file consent affidavit that she has no objections to grant of probate 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1. Let your sister execute a registered Release Deed relinquishing her right over the property in your favour.

2. By following the (1) above, you will get this sister's share clubbed to your share and it becomes double. Assuming that you and your two sisters are the only legal heirs, then you and your two sisters are entitled to 1/3rd share each. After execution of Release Deed by one sister, your share will be your 1/3rd + your sister's 1/3rd share totalling to 2/3rd share in your kitty.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

If you manage to get a relinquishment deed from your sister, you would have 2/3rd share, if the will is proved to be fake.

You should get the will verified and consult some experienced lawyer before settling.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. If she relinquishes her share of the property in your favour then you shall legally own her said share.

 

2. The said relinquishment deed shall have to be registered.

 

3. She should also withdraw the case she has jointly filed with your another sister against you.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. The property has not yet been divided or partitioned determining its owner  for which it can not be sold till the owner is determined.

 

2. You can get one sale deed registered by her selling her share of the undivided and undemarcated property of her father or the said ancestral property.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

yes its possible but you need to execute NOC or indemnity bond in the same in favour of the seller

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

To enter into relinquish deed with one sister first you have to ask them to withdraw case from case. And for your father's self owned property you can produce paper in the court and get order for those properties.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

In  you previous question  you admit your sisters filed case against father for ancestral property division and the partition  is partitioned 40 years back among five brothers. Any property that is partitioned is ancestral property, how can you prove that the property is self acquired property as there is documentary proof of partition? It is not possible to property that the property is self acquired by father.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

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