Yes you can execute the same and relinquish your share along with fathers share
Property Transfer thru Hakka sod Patra in Maharashtra
I am sole legal heir of my father who passed away interstate in April 2024 in Pune.my grandmother passedaway in 2022 .she had made a will thru which my father and my uncle(father's brother) became co owners of her self purchased home.my uncle resides in that home as of today.we do not live in that home.we have separate property. Now ,my uncle is interested to purchase my father's share in this grandmother property by offering me a consideration. The property card has my father's and my uncle's name as co owners.my name is not inserted in place of my father as of now Can I execute hakka sod Patra and transfer the property to my uncle.if hakka sod Patra is possible what will be stamp duty applicable ? If hakka sod/relinquishment not possible then please suggest other possible ways Please guide Regards
Asked 9 months ago in Property Law
Religion: Hindu
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7 Answers
First mutation of father share in your name has to be done on your father’s demise
then only can you execute a relinquishment deed for your share in property
- For execution of any hakk sod patra you need to have hakk on record. First get the property mutated in municipal record in your name that is half of father’s share.
- After that execution a gift deed in favour of kaka to save on stamp duty which is fixed Rs. 200 between blood relations.
- If any consideration mentioned involved it be sale deed not a hakk sod or relinquishment deed that will attract full stamp duty.
You want to transfer the share of your father to your uncle in the capacity of legal heir.
What about your mother, is she alive, in that case she too becomes a legal heir to your deceased father.
Therefore, if you both decide to give away your share to your uncle then you may transfer the same by executing a joint registered release deed relinquishing your rights in the property.
The stamp duty is a state subject, which you can enquire locally through your deed writer
Answers to Your Queries:
1️⃣ Can you execute Hakka Sod Patra (Relinquishment Deed)?
❌ No, a Hakka Sod Patra (Relinquishment Deed) is only valid between legal heirs without consideration. Since your uncle is purchasing the share, it would be treated as a sale, not a relinquishment.
2️⃣ What is the alternative?
✅ Sale Deed – You can sell your inherited share to your uncle through a registered sale deed. This is the proper legal method since consideration is involved.
3️⃣ Stamp Duty in Maharashtra:
📌 Hakka Sod Patra (if allowed) – ₹200 (only for legal heirs without consideration).
📌 Sale Deed (Recommended) – 5% of the property value + 1% registration charges (Pune rates).
Next Steps:
🔹 Get a legal heirship certificate to establish your right.
🔹 Update property records to reflect your name before executing the Sale Deed.
🔹 Register the Sale Deed at the sub-registrar’s office.
Would you need help in drafting the Sale Deed?
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Dear Client,
As the sole legal heir of your deceased father, you have the right to his share in the property as per the will. You may execute a relinquishment deed (commonly known as a "hakka sod Patra") to transfer your father's share to your uncle, provided that proper registration and legal formalities are followed. The stamp duly applicable in the state of Maharashtra on this deed is usually lower when compared with that of a full sale deed and charged as a percentage of the consideration amount somewhere around 1% to 2% so please inquire about the exact rates from the local sub-registrar. Apart from relinquishment deed, sale deed or partition deed can also be thought of for transfer. Updating the property records is a must to prevent any dispute in future. Consult with a lawyer with expertise in property law for correct adherence to all procedure.
Hope this helps. Feel free to inquire for any legal query.
- As per law after demise of your father intestate , his share would be devolved upon you
- You can apply for getting mutation of the property in your name after submitting the death certificate of father and the said Will
- Further , you can transfer your share in your uncles name after executing a registered gift deed , and not relinquishment deed .
