• Relinquishment deed_question

Hi Team,

I live in the United states for work related job.

I have a property at Azad Market, Delhi-6 is registered under the name my grandfather. 
My grandfather died in 2016.

During his lifetime, he has registered a WILL expressed his desire to bequeath the said property to his eldest son i.e. Late Sh. Praveen Gupta and his (Sh. Praveen Gupta’s) wife i.e. Smt. Rajni Gupta.
They both are my parents.

My father i.e. Sh. Praveen Gupta also died intestate (in 2019) and without nominating anyone to be the legal heir of this property.

Now I have 2 sisters with me who are also the legal heir of this property including my mother.

We 3 siblings have made the documents for Relinquishment deed (RD) in favor of my mother while I was in India last year but it was not registered. Now I have a buyer who wants this property but he is saying that this deed has to be registered in registrar office

So my questions are as follows:-
1.) Do we necessary need to register the RD?
2.) Can we register the RD without physically being present there? (as I am currently in USA)
3.) Is this RD mandatory to sell the property or this RD could be registered later as well?
4.) How much it takes to get register the RD? Means getting the papers read to get the registered RD in hand?
5.) How much it cost to get the register the RD?

Our registrar office is in Kashmere Gate, Delhi.

Please advice on this.

Regards,
Raunak
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

Registration of relinquishment deed is mandatory 

 

2) personal presence is necessary before sub registrar office 

 

3) in alternative execute POA in favour of family member to execute RD .it should be attested before Indian consulate 

 

4) it should not take more than 15 days 

 

5) legal fees vary depending upon lawyer engaged by you 

 

6) stamp duty varies from state to state 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. It's necessary to register the Relinquishment Deed in favour of your mother.

2.  Without your physical presence in India, the Relinquishment Deed , on your behalf, can be executed by you authorising one of your family members through POA.

3.  Since you want to relinquish your share in your mother's favour, the execution and registration of the Relinquishment Deed, whether by you personally or through POA is essential. 

4. To prepare the Relinquishment Deed and getting it registered may take three working days.

5.  Since the Relinquishment Deed is between blood relatives, the cost will not be costly.

6.  Get the POA prepared by a Lawyer and paste your photo on it and put your signature and get it authenticated in the Indian Consulate or get it notarized and send it to Delhi for it to be adjudicated in the jurisdictional District/Sub Registrar's Office to make it legally valid.

7. Armed with the POA, your family member, can execute the Relinquishment Deed, on your behalf, in your mother's favour in the jurisdictional District/Sub Registrar's Office at Delhi.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. Yes,  it is mandatory that the relinquishment  should be executed on a registered deed .depends on how 

2. You can give GPA deed in favor of your siblings authorizing to execute the release deed on your behalf if you are not able to be physically present. 

3. See the first answer above. 

4. It depends on how quickly you follow it up with the authorities concerned. 

5. The stamp duty differs from one state to another across the country,  hence you can enquire about it locally. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may execute a power of attorney deed in favor of any siblings in order to enable your power agent to relinquish your rights in the property in favor of your mother. 

The POA deed can be attested even by a notary public of the country of your residence or by an official of the Indian embassy. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes the above remedies are correct it nerds fo ne attested at Indian consulate 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Execute specific power of attorney in favour of your sister .it should be on Rs 500 stamp paper or franked 

 

get POA attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client I am sorry to hear that but in this case you can registered RD and you did not have to be there physically. You can appoint a SPA and then move ahead with it. Tomorrow over the time period depends on case to case and the   total cost for release deed registration is Rs. 10000 including stamp duty + Registration fee + paper & printing + agent. We provide end-to-end assistance to register Release Deed, our service includes drafting + challan generation + registration

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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