Passing bequest to son and transfer of flat

To transfer the flat to the joint names of the uncle and nephew, the following documents are required: *

1. Uncle (Owner):* - Consent letter or gift deed (if transferring ownership) - ID proof (PAN card, Aadhaar card, etc.) - Address proof (utility bills, etc.) - Society membership certificate (if applicable)

*2. Nephew (Son of one of the brothers): - ID proof (PAN card, Aadhaar card, etc.) - Address proof (utility bills, etc.) - Age proof (birth certificate, etc.)

3. Brother (Father of the nephew):* - No-objection certificate (NOC) or consent letter - ID proof (PAN card, Aadhaar card, etc.) - Address proof (utility bills, etc.) Additional documents: - Society's approval or NOC - Indemnity bond (if required by the society) - Registered gift deed or transfer deed (if applicable) - Payment receipts (if any)

Please note that the specific documents required may vary depending on the society's rules, regulations, and local laws. 

In this scenario, is it possible to redirect/transfer inheritance to some other party through release or relinqueshment deed. For e.g. In this case the person(father) who wants to pass inheritance to his son, can the father prepare relinqueshment deed/release deed in favour of his son. And all the 3 parties i.e. 2 brothers and son will sign the deed. 

However the point is the son is not the direct beneficiary of the property, if his father was not alive than as per the Succession Act the son will become beneficiary but at this stage since his father is alive he cannot be a DIRECT BENEFICIARY.

Can a release deed/relinqueshment deed be only prepared among legal heirs who are direct beneficiaries so as to pass inheritance/distribute among them OR it can be prepared to pass/direct inheritance to any third party which the beneficiary may choose.

In foreign countries a document similar to release deed/relinqueshment deed called as "Deed of Variation" is prepared and recognised to pass inheritance to any other individual.

Therefore will this Deed if prepared be binding and legally valid to admit uncle and nephew as joint owners of the property.

The law of a foreign country is not valid in India.

While in India you have to follow the Indian laws alone and not the  law of a foreign soil.

Basically this property do not belong to the brothers but by virtue of being legal heirs they inherit the same, and as they are the only surviving legal heirs of the deceased, the property shall devolve on them alone.

Thus after inheriting the property if one of them wants to transfer his share to his son, he has to undergo the process of acqusition of his share in the property first on his name and then proceed with the proposed trnsafer of the same to his son.

Any short cut of the procedures of law will render the trasnsfer invalid resulting into long drawn litigation at a later stage.

Therefore it is advisable that you follow the proper procedures of law now itself to avoid future legal hassles

Thank you Sir.

Release Deed as explained in https://www.grihashakti.com/knowledge-centre/deeds-of-release.aspx

What is a Release Deed?
A release deed, classified as a legal document, is pivotal in seamlessly transferring property rights. This instrument is employed when an individual, known as the releasor, opts to surrender their rights to a specific property in favor of another party, referred to as the releasee.

Partial Release Deed
A partial release deed serves a distinct purpose where only a portion of the releasor's rights or interests in a property is transferred to the releasee. This type is beneficial in scenarios where a co-owner intends to relinquish a part of their share in the property, possibly to another co-owner or a third party. The legal implication of this deed is that the releasor retains some rights or interests in the property even after the execution of the deed, ensuring a partial transfer of ownership stake.

Transfer of Rights
A release deed can have a significant impact on property ownership as it directly transfers property rights. The decision of the releasor to either completely relinquish or partially transfer ownership can result in either the full transfer of ownership or the release of some stake in the property. This legal document is a powerful tool that can transfer property rights from one party to another and should be approached with careful consideration and guidance.

Meaning of Right/s - A right is not something which should have ownership or possession. A right can be a legal claim or legitimate interest. For e.g. Son has a right over his father's property according to the law of succession, once his father passes away the son can execute his right/make a claim to acquire ownership of his father's property and transfer of title on his name by doing the necessary paperwork.

However, it is to noted here that the son does not become owner of his father's property immediately but he still retains his right to acquire his father's property even before the completing the property transfer paperwork.
Between the period from document submission and acquisition of property ownership, the son still retains the "right of his father's property acquisition". 

Now as highlighted above Release Deed is a instrument to surrender releasor rights to a specific property in favor of another party. So why cannot the legal heir release his right of inheritance to another party.

The word "RELEASOR RIGHTS" is significant in nature as it does not mandate ownership. Once the person becomes the owner he can only relinquish his right through "Gift Deed" but here we are only discussing surrender of rights to third party and not ownership.

Is there any legislation, caselaw or legal text which states that RELEASE DEED/RELINQUESHMENT DEED CAN ONLY BE MADE AMONG CO-OWNERS, LEGAL HEIRS AND RELEASEE CANNOT BE ANY THIRD PARTY OR CANNOT BE ANY OTHER FAMILY MEMBER OR ANY OTHER INDIVIDUAL.

Will really appreciate more information and discussion on this.

Your further explnation of the meaning of release deed in this forum was not sought by anyone, by this explanation you have totally deviated from your original query, thus it can be observed that you have posted the main query only to enrich your academic knowledge, but please remember that the exxperts here render only legal opinion and do not conduct classes on legal matters.