Thanks for prompt responses on a previously posted question seeking direction to transfer property transfer in my name. Thats the wish of my ailing mother. As advised by this forum, I am now able to obtain release deeds from my two sisters and have received draft of legal will that mother will review and sign. Question- (i) Do I need to register these 2 deeds with the SRO Jabalpur since they are on signed stamp paper with Aadhar and PAN Card info? Or I can wait? Is there a time limit by when I need to register these 2 deeds beyond which they lose value?? (ii) What would registration of release deeds mean? does it effect title transfer from my late father to me & my mother automatically triggering transfer fee? what if my mother pass away suddenly, would it mean title will fall on me automatically. I am not too sure if I go this route or ask mom to sign her release deed as well (3rd one) in my favor and preserve all 3 release deeds for use later in the future. Thanks
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. It is not mandatory to get the Will registered, but it is mandatory to get the release deed registered otherwise it would not be valid.
2. The release deed executed has to be registered before the concerned registrar office otherwise it is not valid document to transfer the title to you on ther properties that you desire to inherit.
If the property belonged to your father then all of the surviving members of the family have a share in it and hence a relinquishment deed by all of the members in favour of the person who wants absolute rights over the property should be made. It has to be registered before the registrar.
If your mother was also a co owner of the property then you should make 3 relinquishment deeds yours and your sisters in your mother's favour and then she may write a will.
The relinquishment deed and the will has to be registered
You mother can only sign a relinquishment deed if she was not a co owner ie if she inherited the property.
You should register it immediately.
It would mean that after your father's death the property now belongs to you.
Sisters must register the relinquishment deed
2) registration has to be done within maximum period of 4 months and with penalty maximum period is 8 months
3) then apply for mutation of property in your and mother name
4) mother can also execute registered relinquishment deed
Plz register the release deeds. It's a compulsorily registrable document. It has to be registered maximum within 4 months from date of signing and another 4 months by paying penalty
After demise of your mother her share will devolve on her legal heirs which will also include your 2 sisters
So if she is agreeable to release her share then you can take a release deed from her as well
The release deeds have to be compulsorily registered to have legal effect. Please do not postpone registration.
1. If your sisters are ready to release their respective share in your favor then she can execute a registered Relinquishment deed , and its registration is mandatory
- Only a written declaration on the stamp paper is not suffice for releasing the property
2. Registration of Release deed is like a deed of transfer share of property .
- If your mother is also ready to leave her share in the property during her lifetime, then she can also registered Relinquishment deed with the your sisters in your favor.
- Otherwise , if your mom is not ready to release her share during her life time then she can write a WILL in the presence of two witnesses.
