1) legal heirs of deceased sister ,surviving sisters of your father have to execute registered relinquishment deed
2) they have to appear before sub registrar office
Surviving Member Certificate and Relinquishment deed
My father has a property which is in my mother's and grandmother's name (50-50 ownership), My grandmother died 7 years back and now my father wants to sell this property. He has four sisters out of which one died but her family is still there. So, 1) Does SMC and RD both is necessary in this case? 2) Also, during RD does all members i.e. my father's three sisters and fourth sister's family need to be present in front of Magistrate? As fourth sister's husband is heart patient and he can not travel, having oxygen support at home.
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
But he is a heart patient and can't travel. He is on oxygen support. So whats the alternative in that case?
Asked 2 years ago
Request sub registrar office to depute officer to his residence for execution of relinquishment deed as he is heart patient and on oxygen support
all the members, including your father's three sisters and fourth sister's family, need to be present in front of the magistrate for the RD. However, if the fourth sister's husband is unable to travel due to health reasons, then he can provide a Power of Attorney to someone else, who can represent him in the RD.
Hello,
- If the property is in the joint ownership of the mother and grand mother, your father cannot sell it.
- Your mother can sell it with all other surviving heirs relinquishing their rights in favour of mother who is already a 50% holder.
- A relinquishment Deed only is required, no SMC is needed. The relinquishment Deed needs to be registered at the office of the Sub Registrar and no Magistrate is involved as suggested.
- If any one is bed-ridden or in medical condition as described, you can get the Registrar to visit the person at his house for completion of the registration.
1. Yes
2. No presence is not needed as the procedure is of drafting of RD and ira registration with sub registrar.
Insofar as your grandmother's share in the property is concerned, it devolves equally on all her legal heirs which includes the legal heirs of deceased legal heirs too.
Therefore it is pertinent that all the legal heirs are required to execute a registered release deed relinquishing their rights in the property.
2. All are required to be present before the sub registrar.
If the sick person is not able to come in person then he can entrust this tasks to a power of attorney agent, who can in turn carry it out on his behalf.
He can authorise a representative or a power agent to sign the papers on his behalf.
1. Assuming that the property is your paternal grandmother's and your mother's joint property.
2. Assuming that your paternal grandmother died intestate (without executing WILL), then her 50% share in the joint property devolves to all her children and her husband (your grandfather- if alive). In the instant case, your deceased paternal grandmother's property devolves equally to your father and his four sisters in 1/5th (20%) share each. In case of deceased sister, her share will be subdivided equally amongst her children .
3. Surviving Members Certificate/Genealogical Tree/ Legal Heirship Certificate is necessary in the instant case.
4. In case any other legal heir ( your father's sisters or children of deceased sister) voluntarily desire to relinquish their individual share in your father's favour, then only the need for registered Reliquishment Deed arises.
5. In case of Reliquishment Deed, if voluntarily agreed by other legal heirs, apart from your father are three living sisters' and children of deceased sister are to be present in the jurisdictional Sub Registrar's Office. Since your father's deceased sister's husband is NOT a legal heir, he need not sign any document, including Reliquishment Deed.
He can give Special power of attorney to his children
Yes, both SMC (Succession Certificate) and RD (Release Deed) are required in this case. The SMC will establish the legal heirs of your grandmother, including your father and his sisters. The RD will transfer the share of your grandmother in the property to her legal heirs.During the RD process, all the legal heirs of your grandmother need to be present in front of the Magistrate or the Sub-Registrar for the registration of the deed. However, in the case of the fourth sister's family, they can appoint a power of attorney (POA) holder who can represent them during the registration process. The POA holder can carry the necessary documents, including the medical certificate of the fourth sister's husband, which states that he is unable to travel due to his medical condition.
It is advisable to consult a local lawyer who can guide you through the entire process and help you with the necessary documentation.
