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Ramchandra Mahapatra (Assistant Professor)     18 December 2009

relinquishment deed vs family settlement deed

Hi

Facts of my case: My deceased father is survived by his wife (my mother), 3 daughters(all married), and one son (myself). He had created few immovable assets during his life time in the name of my mother and his own name. It has been agreed within my family that all the property which is in my fathers name should immediately be transfered to my name. Secondly the immovable properties which are in my mothers name should be continued in her name and deed should be executed by which after the death of my mother the property should automatically be registerd in my favor. I have the following questions:

1. Can a single deed be executed taking care of all the above scenarios?

2. Which is the best possible and most cost effective method? family settlement or relinquishment?

3. Can a relinquichment deed be executed before the death of the owner.

4. Can a relinquishment deed be executed on a property which is under a lease deed to my mother?

Kindly help with your thoughts.



Learning

 2 Replies

Parveen Kr. Aggarwal (Advocate)     21 December 2009

1. A single deed of family settlement may fulfill all the requirements in your case.

2. In my opinion, deed of memorandum of family settlement may be the most cost effective method.

3. A relinquishment deed is certainly executed by the owner before his death and after his death is no more to execute any deed.

4. Any property which is under lease may also be subject matter of relinquishment deed because under a relinquishment deed, primarily title is conveyed. Even if possession of the property is with lessee even then title thereof may be transferred. 

shobha (trainer)     13 January 2010

I have  purchased a site at Bangalore in the joint name of one of my son  and me and did not include my second sons name as he was no in the country then. Now we have built two storey building in this site and both my sons are repaying the bank loan. Now I want to include My second sons name in the revenue records. Kindly let me know how i go about this

 


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