Probate would be granted in you and your brother favour
2) under father will both are beneficiaries
3) your brother can subsequently execute registered gift deed or relinquishment deed for his share in property
Is release deed required before probate?
My father ,leaving in Mumbai, passed away leaving a will behind assigning me and my brother as beneficiaries for his immovable properties in Mumbai. My brother wants to relinquish himself of all his share from the will and assign all to me. Will the release/relinquish deed need to be executed and registered before probate?
Asked 3 years ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
If he has will then only probate is enough no release deed required
He can give his NOC during probate proceedings. Court will pass a order declaring you as sole owner of property with direction to Sub-Registrar to register properties in your name. On the basis of such order you can get the properties registered in your name.
- Since, your father leave a WILL in favor of you and the brother , then you both can claim 50% share in the said properties.
- Further , your brother can release his share in your name after registering a Relinquishment deed to make you the single owner of entire properties.
- Otherwise, you can also file a probate petition as well to become the owner of the property , where after receiving the notice of the court will have to appear before the court for giving statement for no objection.
- Hence, you can adopt any one step for the same.
If you and your brother are the only legal heirs to your father then he can very well execute a registered release deed relinqyuishing his rights in the property without going for probate of Will.
If there are other legal heirs other than you two, then it is advisable to obtrain probate of Will after which your brother can transfer his share in the property by executing a registered gift settlement deed.
1. Strictly speaking, neither you nor your brother has yet become the title holders of the said property for want of probate of the Will.
2. So, your brother shall have to register a relinquishment or gift deed to you conveying his share of the bequeathed property to you after the probate of the Will is granted by the Court.
3. However, if there is no legal heirs of your deceased father's property other than you and your brother, then both of you can avoid raising the issue of the Will and in that case your brother can register a deed of conveyance in your favour transferring his share of the said property in your name.
Dear Client,
First you need to get probate so that the will can be verified. And then your brother can sign a relinquishment deed.
The relinquishment deed is an independent document. Your brother can very well release his undivided share according to the Will in your favour without waiting for the probate of the Will. For registration of the relinquishment deed, production of the original Will will serve the purpose.
if the only legal heirs are you and your brother, then might as well not apply for probate [because under intestate succession the estate will any which way devolve on the 2 sons equally]
your brother can register a release deed in your favour
then in order to complete the title in your favour, you can apply for an heirship certificate with the consent of your brother
