The legal heirs of the deceased daughter i.e, the minor daughter and her father are the legal heirs to the deceased daughter of the deceased owner, hence they both should have executed a registered release deed like any other legal heirs relinquishing their rights in the property.

However even now they can executed a registered release deed relinquishing their rights and also ratifying the sale of property by a registered deed.

If the daughter is not able to travel to India, she can very well execute a general power of attorney to any close relatives in India duly attested by an official of Indian embassy on the country of her current residence and the power of attorney recitals should clearly specify the acts or tasks to be done by her power agent, i.e., to execute the registered release deed among all other general clauses. 

The stamp duty and other incidental costs can be enquired locally

You have stated that two years ago you purchased a resale flat from a widow (seller) and her two sons. The original male co-owner (husband) had died earlier, and to perfect the title before sale, a release deed was executed by the widow and both sons releasing their shares inter se, followed by a registered sale deed in your favour. Prior to the sale, you also caused a seven-day public notice to be published in two newspapers, and no objections were received.

Recently, you have learned that the deceased co-owner (husband) also had a married daughter who was living in Pune and had predeceased the sale transaction. That daughter had a minor daughter, who was around sixteen years old at the time of your purchase. The seller and her sons, who are now residing in Canada, acknowledge this but explain that since the granddaughter was a minor, they did not consider it necessary to include her as a party in the release deed. They now propose to execute an additional release deed, by which the granddaughter, now 18 years of age, will release her undivided share in favour of her grandmother (the seller), represented by her father (the deceased daughter’s husband) acting under a power of attorney (POA).

Legally speaking, this situation involves two issues — (a) the validity of your existing title, and (b) the manner in which it can be regularised.

Under Hindu Succession Act, 1956, when a Hindu male dies intestate (without a will), his property devolves equally among his Class I legal heirs — namely, his widow, sons, and daughters. If any of those heirs die before the property is partitioned, the share of that deceased heir passes to his or her legal heirs (in this case, the deceased daughter’s share passes to her own child, i.e., the granddaughter). Therefore, at the time of your purchase, the granddaughter was a co-owner of the property by inheritance, holding her late mother’s one-third share of the husband’s interest.

Because she was not made a party to the earlier release deed or to your sale deed, her share technically remained outstanding. The release deed and sale deed you obtained are valid only to the extent of the shares of the widow and sons. You effectively acquired an imperfect or defective title to the extent of the granddaughter’s inherited share.

Now that she is a major, she has the full legal right to execute a release deed or ratification deed relinquishing her inherited share in favour of her grandmother (the seller) or directly in your favour, depending on how the corrective document is structured. Such a release deed will validly and lawfully transfer her interest. Once it is registered, your title becomes complete.

However, a few precautions are essential:

1. The granddaughter must execute the deed personally, as she is now a major. Her father (the deceased daughter’s husband) can sign as a confirming party or witness, but not as attorney on her behalf. A POA for this purpose is not appropriate, as it raises questions about consent and consideration. The better approach is for her to sign in her own capacity before the Sub-Registrar in India.

2. The new release deed should be registered at the same Sub-Registrar Office where the property is situated, with full recitals explaining the earlier omission and the fact that she is relinquishing any residual or inherited right.

3. You, as the purchaser, should be added as a confirming party or beneficiary to that release deed, so that the document expressly records that it is executed to confirm and regularise the earlier sale in your favour.

4. You do not need to amend or cancel your original sale deed. Instead, the new release deed acts as a supplementary document curing the defect. You may later file both documents together with your society or association for updating records.

Regarding stamp duty and registration charges, a release deed executed in favour of a non-family member (i.e., not among the defined “family” under the Stamp Act) attracts stamp duty equivalent to a conveyance. However, in your case, the release will likely be made in favour of the grandmother (family member), which attracts nominal stamp duty (usually ₹500–₹1,000, depending on local rates in Andhra Pradesh). Registration fee is 1% of the market value or consideration mentioned, subject to a cap. If you are added merely as confirming party, no separate duty is payable by you.

After registration, you should have the document indexed and linked to your sale deed at the Sub-Registrar Office, and obtain an updated Encumbrance Certificate (EC) reflecting the release. This will show a clear chain of title.

If, for logistical reasons, the granddaughter is unable to travel to India, she may execute a Special Power of Attorney before the Indian Consulate abroad, authorising her father to sign on her behalf specifically for relinquishing her inherited rights. The POA must then be adjudicated in India under the Indian Stamp Act before registration of the release deed. This process is legally valid but must be precisely worded.

You are advised to avoid any unregistered or notarised documents. Only a registered release deed or confirmation deed will protect you against future claims. Once the release deed is properly executed and registered, there is no need to re-register your sale deed or pay fresh stamp duty on it. The existing sale deed remains valid; the release deed will be annexed as supporting document in any future title verification.

In summary, the correct and legally safe course of action is as follows:

1. Obtain a registered release deed from the granddaughter (now major) relinquishing her inherited share either directly to you or to her grandmother (seller).

2. Ensure it is signed personally or via consular POA, and properly registered at the property’s jurisdictional Sub-Registrar Office.

3. Record yourself as confirming party.

4. Obtain a fresh Encumbrance Certificate post-registration.

5. Keep both documents (sale deed and release deed) together as your complete title record.

You do not need to amend your original sale deed, nor do you need to pay fresh stamp duty on it. The new release deed will regularise your title and prevent any future disputes or claims.

In an ancestral property the rights of minor cannot be surrendered by the parents or heirs through any deed. Only in case of self acquired property same can be done by a person who is a sole owner of the self acquired property

Parents can’t decide undivided share of minor heirs unless its sole self acquired 

On husband ie co owner death his married daughter had share in property 

on her demise her share devolved on her husband ( ie son in law and their daughter 

son in law and daughter should execute release deed for their share in property .it should be duly stamped and registered 

No need to sue the seller . Your objective should be to gain clear and marketable title to property 

The granddaughter and her father both have to execute the registered release deed in favour of the grandmother.

The grandmother can give power of attorney to anyone in India to accept the release deed.

There's no necessity to sue the seller which will not solve your problem.

Yes, the grandmother can give a Special POA to her son-in-law, who can then sign the release deed on her behalf; the granddaughter (now adult) must sign herself as releasor. The son-in-law has no share to transfer unless specifically inherited. Amend the original deed if needed; fresh stamp duty/registration may apply, depending on local rules. Title will be secure if not challenged within 3 years after the granddaughter turns 18. Legal action for concealment is possible, but may be complex due to her being abroad.

Yes, it’s possible but must be done carefully. The granddaughter, now an adult, has a legal share in her late mother’s portion of the property, so her release deed is necessary to clear the title. She can either personally execute it or authorize her father through a registered Power of Attorney to sign on her behalf. The release deed should clearly mention that she relinquishes all rights in favor of the seller (your flat’s previous owner).

You don’t need to amend your original sale deed, but you should register this new release deed and attach it as a supporting document to your sale chain. Keep certified copies safely. You’ll only pay nominal stamp duty (usually 1-2% of her share’s market value or as per your state’s rule) and registration charges  not the full sale duty again. Have a local property lawyer vet all documents before registration to ensure your title remains fully clear and dispute-free.

Yes, the arrangement you described is legally possible with proper execution. The granddaughter, as the legal heir of her late mother, will indeed be the releasor, and the grandmother (seller) will be the releasee. Since the grandmother is abroad, she can execute a Special Power of Attorney (POA) in favor of her son-in-law before the Indian Consulate in Canada, authorizing him specifically to sign and register the release deed in India.

The son-in-law himself does not hold any ownership rights in the property, so he need not execute a separate release deed  his role is purely representative.

Yes, you may technically sue the seller for suppression of material facts, as nondisclosure of a legal heir constitutes misrepresentation under property law and Section 55 of the Transfer of Property Act. However, since the seller is cooperating by facilitating the release deed, litigation may not be necessary unless she defaults.

Regarding limitation: once the granddaughter executes the release deed, the title becomes legally cured immediately. If she doesn’t, and three years pass after she attains majority (i.e., by age 21), her right to challenge your ownership lapses under the Limitation Act, assuming she takes no legal action.

Dear Client, in your case, a Power of Attorney (POA) holder cannot execute a release or relinquishment deed on behalf of another person unless the POA document explicitly authorizes that specific act, and the principal (here, the granddaughter) is a major and competent person at the time of giving such POA. Since the granddaughter is now 18, she can personally execute a release deed in favour of her grandmother or anyone else; however, if she wishes to authorize her father (the son-in-law) to do it on her behalf, the POA must be registered and specific to this property transaction. To safeguard yourself, ensure that (1) a fresh registered release deed is executed and recorded in the Sub-Registrar’s office, either directly by the granddaughter or through a registered POA; (2) you obtain a legal heir certificate confirming all legal heirs of the deceased co-owner; and (3) the release deed clearly references your original sale deed, linking it to your title. You don’t need to amend the original sale deed if a valid release deed is registered now—just keep it as an additional title document. The stamp duty for a release deed in favour of a family member is nominal (varies by state, often 1–2%), and registration fees will also apply (usually around ₹1,000). I hope this answer helps. For any more queries, do not hesitate to contact us.

Your situation involves several interconnected legal aspects — property succession, release deed validity, POA execution from abroad, and limitation period for future disputes. Let’s go point by point, clearly and practically, so you can proceed confidently and safeguard your ownership.

1. Background Recap (for clarity)

You purchased a resale flat two years ago.
One of the co-owners (husband) had died before the sale.
You executed a release deed with the wife (co-owner) and their two sons — believing them to be all legal heirs.
However, recently you learned there was also a married daughter who had died earlier, leaving behind one daughter (granddaughter), who was a minor (16) at the time of sale but is now 18.
The grandmother (seller) and her two sons now live in Canada, and the grandmother proposes that she will give a Special Power of Attorney (POA) to her son-in-law (the father of the granddaughter), and the granddaughter (now adult) will execute a Release Deed in favour of the grandmother (seller), represented by her son-in-law through POA.

2. Is this proposed method legally possible?

Yes — in principle, this can be legally done if and only if all the following conditions are met correctly:

A. Granddaughter’s legal right
Since her mother (the deceased daughter) was a Class I heir of the deceased co-owner (the husband), her minor daughter inherited her mother’s share. So yes, the granddaughter legally owns an undivided share in that property.

B. Release Deed execution
Now that the granddaughter is major (18+), she can voluntarily execute a Release Deed relinquishing her inherited rights.
Releasor: Granddaughter (holding undivided share).
Releasee: Grandmother (seller / co-owner).
That is perfectly valid. The deed should clearly state that:
“The Releasor, having attained majority, of her own free will and without any coercion or consideration, hereby releases her undivided right, title, and interest in the property in favour of the Releasee.”

C. Power of Attorney (POA) from Canada
Since the grandmother is in Canada and not travelling to India, she can execute a Special Power of Attorney in favour of her son-in-law authorizing him to sign and register documents, represent her before the Sub-Registrar, and accept the released rights on her behalf.

However, note:

• The POA must be notarized in Canada and then apostilled (under the Hague Convention, since both India and Canada are signatories), or alternatively, it must be attested by the Indian Consulate there.

• Once received in India, it must be adjudicated (stamped) at the Collector of Stamps office before use.

Once that is done, the POA becomes legally valid in India for registering the Release Deed at the Thane Sub-Registrar Office.

3. Does the son-in-law also have a share?

No — he does not. The son-in-law is not a Class I heir of the deceased co-owner; his wife (the deceased daughter) was. Therefore, he holds no independent right or title in the property. His role here is purely representative of the grandmother via POA. Hence, he does not need to execute any release deed.

4. Do you need to amend your original Sale Deed?

Usually, no — if the new Release Deed is properly executed and registered, that document itself cures the title.
However, you should get a title report or legal opinion from a local property lawyer after registration, and if advised, record a supplementary deed or rectification deed (minimal stamp duty, usually ₹100–₹500) referencing this new Release Deed, linking it to your Sale Deed for clarity in future.
So, in most cases, no new stamp duty is payable on your original sale deed — only on the release deed.

5. Stamp duty and registration cost

For the Release Deed:
In Maharashtra, the stamp duty for a release of property in favour of a family member (within close blood relations) is ₹200, plus 1% registration fee (subject to caps).
However, since the property is already sold to you, this is technically being done to regularize past ownership — so confirm with the Sub-Registrar whether it will be treated as a family release or as a normal release (in which case, market-value duty could apply).

6. Legal precautions to safeguard yourself

Here’s what you must do to protect your title permanently:

1. Get a detailed title opinion from a local property lawyer after showing him all documents (original sale deed, release deed draft, death certificates, POA draft).

2. Ensure proper POA attestation (Consulate / Apostille + adjudication in India).

3. Ensure the Release Deed is registered in the same Sub-Registrar Office as your original sale deed (Thane).

4. Keep all notarized copies and acknowledgments of communication with the seller for your record.

5. Once registered, obtain certified copies of the Release Deed and updated Index II entries.

7. Can you sue the seller for hiding material facts?

Yes — technically, you can.
This is a case of misrepresentation and suppression of material fact under Section 17 of the Indian Contract Act, 1872 and Section 55 of the Transfer of Property Act, 1882 (duty of seller to disclose material defects in title).
However, practically, since the seller is in Canada and elderly, and since she is now cooperating to cure the title, it may be better to document everything properly and avoid litigation, unless she fails to execute the POA or release deed properly.

8. Will the title automatically become clear after 3 years (limitation)?

No — not automatically.
While the limitation period to challenge a property transfer (for fraud, etc.) is generally three years from the date the cause of action arises, since the granddaughter was a minor at the time, the limitation clock started only when she attained majority — i.e., now that she turned 18.
So she technically has three more years (until she turns 21) to challenge the sale, unless she executes the Release Deed before that.
Hence, it is crucial to get the Release Deed executed and registered immediately — that will completely cure the title and eliminate this risk.

Final Practical Summary

The granddaughter’s inherited share is valid, and she can release it now that she is 18. The release deed via POA is legally permissible if properly attested and registered. You don’t usually need to amend your sale deed. Stamp duty will depend on whether the Sub-Registrar treats it as a family release. The seller’s concealment could be actionable, but resolving this amicably through proper documentation is the best course. Once the release deed is registered, your title will be secure.