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P J (Jospar)   14 July 2024

Release deed from sisters

Property bequeathed to me by my mother through WILL in MAHARASHTRA

To get it trnsferred fom the society in my sole name,a RELEASE DEED from my two sisters is needed.

WHAT denomination stamp paper/s is to be used for prepaing this deed?

Since its a transfer between sisters to brother,whether a STAMP DUTY required to be paid?

IS IT MANDATORY TO REGISTER THE RELEASE DEED ??



Learning

 4 Replies

Javed Ansari (Senior Partner)     15 July 2024

Dear querist, if the property is in Mumbai, you will need to compulsorily apply for probate of the will in order to have the property transferred in your name. your sisters will have to make statements in court by way of consent affidavits. If the process is followed correctly, release deeds won't be required at all.

Dr. J C Vashista (Advocate )     15 July 2024

Which religion do you profess i.e., you are Hindu, Muslim, Christian or any other ?

A will can be operative only after probation in Mumbai. File a suit for probation of will through a local prudent lawyer.

When your mother has bequeathed the property in your favour, why do you need Relinquishment Deed (registration compulsory) from your sister(s) ?

Stamp duty is a State subject which differs from a State to another State, check with area Sub-Registrar / document writer and/or a local lawyer. 

T. Kalaiselvan, Advocate (Advocate)     15 July 2024

It is mandatory to obtain probate of Will in Mumbai but not so in other parts of the state of Maharashtra. 

If you are the sole beneficiary then you don't have to get a release deed from your sisters. 

For the purpose of transfer of revenue records,  you can obtain NOC from them on a plain paper duly notarized. 

Shashi Dhara   15 July 2024

If they challenge will then you have to prove genuiness of will if not obtain probate their consent is not necessary.

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