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Rammohan yadav (f)     15 October 2010

RELINQUISHMENT DEED

Hello,

My brother is an NRI based in Canada, he has 50% share in a property with
me in Gurgaon, Haryana while our parental house is in Noida. How can he
transfer his 50% share to me legally? I heard by way of RELINQUISHMENT
DEED he can do it but I am confused as this need to be registered with Sub-
Register while he is in Canada. He can get this attested with embassy there but
how can this be registered here in India, is this need to be done in Noida where
our Parents and I reside or in Gurgaon where property is based. Do I send him
RELINQUISHMENT DEED in 100INR stamp paper from Noida or Gurgaon, do
I mention some consideration amount on the deed as I have sent him some
money recently via bank channel. I am already his registered GPA in India, Can he still Relinqish his share to me?

Pls advise, thank you in anticipation. Also if possible send me copy of
RELINQUISHMENT DEED that fits my case.

Namaskar



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 October 2010

Instaed of going for the regd., relinquish deed, let your brother execute the power of attorney in ;your father's name giving power to execute the alienate his share or to execute the rights relinquish deed in your name. So rights relinquish deed can be regd.,

Pradeep Kumar (Lawyer)     15 October 2010

Dear sir,

                   You need to buy the stamp paper from Gurgaon.Get the deed drafted and registered in Gurgaon Only.For more you may call me at 09871765000.

Nasir Nazir Butt (Lawyer)     15 October 2010

Dear Yadav,

You may either get GPA in favour of third person who may execute the Relinquishment Deed in your favour or you may prepare the Deed on white papers giving full addressess of Donor, permanent and current. Send Deed to him who will execute the same before the embassy of the current address. As soon as the Deed is received to you, you may affix the Adhasive Stamps. So far as value of the Deed is concerned, you may determine at your own disregarding the Valuation Table which may be Rs. 100,000/- or otherwise. For more details, write at nnbutt2000@yahoo.com or nasirlaw@gmails.pk or nasirlaw@lawyer.com or contanct at 0092-321-4624078.

Take care of you.

Nasir Nazir Butt (Lawyer)     15 October 2010

You may also put your query at https://nnbutt2000.forumcircle.com

Rammohan yadav (f)     16 October 2010

Dear Rajeev Ji,

Dear Pardeep Ji,  

 

Thank you for your kind replies. As I am already his registered GPA holder either I relinquish his 50% share to anyone in the family or can I also get him to send me a letter attested by the Indian embassy there that he has sold his 50% share to me for a consideration which he received in full. Once I receive this letter do I need to get this registered? The property is on Builder Buyer agreement at the present and no sale deed is executed so far.

 

Pls advice

 

Regards to all,   

Pradeep Kumar (Lawyer)     16 October 2010

Respected Sir,

             Go go for Relinquishment only,as it is easy to get registered with less hassels.By the way,you can't get the letter registered,the one you have mentioned above.

Thanks.

pranjal Dongaonkar (Practice)     16 October 2010

hello..

Relinquishment Deed is the best option. U should Registered it with the Sub-registrar. Don't specity any consideration amount otherwise u will have to pay Stamp Duty on it.

Rammohan yadav (f)     17 October 2010

Dear Pardeep Ji

Dear Pranjal Ji, 

Noted that i opt for Relinquishment deed only. As i am registered GPA holder of my brother, it would be better if i relinquish his share via me to my sister, as i am his GPA in India. 

Pls could you let me know the format of Relinquishment deed 

Regards

 

Nasir Nazir Butt (Lawyer)     20 October 2010

Raise your query at https://nnbutt2000.forumcircle.com. I will upload there your desired Relinquishment Deed. Also note that consideration is no more necessary but it is suggested that minimum consideration of the value which attracts Stamp Duty obtainable from Treasury may be mentioned so that in case your Documents is lost or damaged, then issuance of stamp papers from Treasury will verify your transaction. Don't avoid consideration merely to avoid government dues. Rest is your.

 

Thanks,


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