saangiyan (partner) 23 May 2012

Release deed

Property is jointly purchased by A (husband) and B (wife). A is not alive now. but A has 4 sons C(elder son),D(2nd son),E(3rd son),anf F(4th son).

Recently B has decided to sell the property to C (elderson) C is ready to purchase the property..

B promises

1. to give Release Deed from other 3sons. 'D' , 'E' & 'F' . but the case is 'F' the last son is in Jail.

2. Help in tranfering the Patta document which is not in their name instead in the old owner name itself.

the queries are :-

1. Is Release Deed by 4th son 'F' is valid..

2. Wheather the Release Deed should be registered.

3. Will their be any problem in transfering the patta after 'C''s purchase..

4. Will any of the other sons have right to claim the property after the Purchase of property by elderest son('C').

Reply Follow

3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 23 May 2012

without entering the names of the legal heirs of the A to the property, it cannot be transferred thru., any mode to any body.

adv. rajeev ( rajoo ) (practicing advocate) 23 May 2012

First enter the names of the legal heirs of A to the property and after that you all can execute the release deed in favour of yourmother. Take the permission of the jailor and get the signature of one of the sons who is in jail

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 23 May 2012

Dear Querist,

In my opinion :-

1. Release Deed by fifth son undergoing imprisonment is VALID.

2. Release/Relinquishment Deed if it concerns immoveable property valuable above Rs.100 then it is to be compulosorily registered. If you have concerns regarding fifth son not being available physically for registration then be assured S. 38 of the IRA, 1908 makes appearance of persons lodged in jail exempt, the proof of their execution can be taken by registrar visiting the jail himself (rare) or sending a commission for his examination.

3. I' don't see any problems transfering the patta after 'C''s purchase.

4. Once the registered relinquishment deed is executed their rights/title/interest stand extinguished.

Feel free to talk for any clarifications !

Regards,

Bharat

Advocate