Property was in joint names of mother and father. Father expired. They have 2 daughters. Now the daughters want to do a release deed in favour of the mother. Is it the correct way of doing as mother is already a joint owner. In future by doing a release deed now, after the mother does the property by default go to both daughters sir?
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Property was in joint names of mother and father. Father expired. They have 2 daughters. Now the daughters want to do a release deed in favour of the mother. Is it the correct way of doing as mother is already a joint owner. The Release Deed mentions that the daughters relinquish all their rights now. In future by doing a release deed now, after the mother expires, does the property by default go to both daughters sir ? the daughters intention is to keep the mother as the sole owner right now. Are we correct doing a release deed in this circumstance?
Daughters can execute gift deed or relinquishment deed for their share in property
2) it should be duly stamped and registered
3) mother would then be absolute owner of property
4) mother can during her lifetime bequeath property to whom so ever she pleases
5) if she dies intestate ie without a will it would devolve on daughters equally
1. Assuming that the father died intestate ( without executing a WILL), share in the property left behind by the father devolves equally to his mother ( if alive ), wife and two daughters. In other words, each legal heir would be entitled to 1/4th individual share. In case his mother is not alive, then the wife will be entitled to 1/3rd share, first daughter will be entitled to 1/3rd share and the second daughter will be entitled to 1/3rd share.
2. In the instant case, Daughters voluntarily may execute a registered Release Deed in the jurisdictional Sub Registrar's Office in their mother's favour. After this, the mother becomes the sole owner of the property.
3. In future, if the mother dies intestate, then her two children (Daughters), by default inherit share in the property equally. However, the mother will be independent to dispose of the property during her lifetime to anyone, including the children by way of bequeathing the property through WILL or through Gift Deed or she can dispose of the property.
U R Welcome.
- As per law, after the death of father , his 50&% share in the property would be devolved upon all the legal heirs equally.
- Hence, the daughters can release their respective share in favor of mother to make her single owner of the property after executing a registered relinquishment deed
- Further, after the demise of mother , the property will go the daughters ,if they are only legal heirs of her.
Dear Querist
Execute a Relinquishment Deed in favor of your mother and it should be registered.
after this Deed, it will be better for future complication, your mother should execute a Will deed in favor of both of you so that after demise of your mother, both of you may get your shares without any hindrance to each other.
At present, the relationship is good but future is uncertain.
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Yes it correct way do a registered release deed
As the property was in the joint names of the father (since deceased) and the mother, it is legally presumed both had 50% undivided share in it. After the father's death, his 50% undivided share devolved upon the mother and the two daughters equally, meaning they each got 16 and 2/3% each, out of 50%. The daughters need to release their combined 33 and 1/3% share in favour of their mother by means of a deed of relinquishment, suitably drafted, properly executed and duly registered.
The daughters along with their mother are shareholders for the share of property that was on their deceased father's name at the time of his death.
Upon intestate death the property left behind by the deceased shall devolve equally on all his legal heirs
If the daughters decide to relinquish their rights out of their deceased father's share in the property they can do so by executing a registered release deed after which their mother would become an absolute owner of the entire property.
She can either bequeath the property in favor of her daughters or if she is not making any arrangement in this regard, then the property shall devolve equally on her daughters after her lifetime.
There is no legal infirmity to relinquish their rights by executing a registered release deed in favor of their mother.
Once their mother becomes an absolute owner o the entire property, she can either bequeath the property in favor of her daughters during her lifetime by writing a Will or if she is not making any arrangement in this regard, then the property shall automatically devolve equally on her daughters after her lifetime.
Don’t execute release deed or relinquishment deed
2) let property be transferred in favour of 3 legal heirs
3) on mother demise property would devolve on 2 daughters equally
4) if you execute registered relinquishment deed in favour of mother your mother can subsequently beau tan property in favour of stranger or in favour of one daughter only
Dear Client,
You can execute a relinquishment deed to ensure that your mother is the sole owner of the property in question. After the execution of the relinquishment deed make a "Will" so that no issues arise at the time of succession.
You can also execute a gift deed in favor of your mother.
Thank you
