Between family members, relinqueshment vs sale deed
Srimadhavi
(Querist) 05 August 2013
This query is : Resolved
Hi
My father died 5 yrs back, survived by wife and 3 daughters. He has one house on his name which was earlier on our grandfathers name. Now our mother also died.
I want to propose two other sisters to pay for thier share of house and to become sole owner of the house.
Question 1)In this regard, is it better to get an relinqueshment deed from other two or to go for sale deed?
2) Will there be any problem in future from my sisters children with claim on the house as it is grand parents property?
Regards
Madhavi
senthilkumar
(Expert) 06 August 2013
Hi,
first I answer your second question.The property originally belonged to your grandfather as such it is ancestral property for you and your sisters, and as such sisters children will not have any right to claim over that property.
As for as your first question is concerned you can have a relinquishment deed from your sisters after passing valid consideration, so that you can save stamp duty.
Advocate Ravinder
(Expert) 08 August 2013
I agree with senthilkumar, but see that the relinquishment deed is registered before sub registrar. Otherwise, you have to invite problems from the children of your sisters. Because unregistered relinquisment deed do not have evidentiary value before the court of law.
Srimadhavi
(Querist) 16 August 2013
Thanks for the advice, small confusion. From Mr. Senthil answer - sisters children will not have any right to claim property. But Mr. Ravinder answer has a note of caution about sisters children.
I am confused here.
Thanking you for the advice
Madhavi
ajay sethi
(Expert) 16 August 2013
well both have advised you to go in for relinquishment deed from your sisters . mr ravindra has only advised you to get relinquishment deed stamped and regsitered .
if document is not regd then tomorrow your sister children can say that their mother had not relinquished her share in property .without registration document in admissible in evidence
senthilkumar
(Expert) 17 August 2013
I agree with Mr.Ajay sethi.My previous advise "so that you can save stamp duty."means for Registration of sale deed the stamp duty is 7.5% (in Tamilnadu) and the stamp duty for Registration of relinquishment deed is less.sorry i failed to mention the word " Registered" before the word "relinquishment deed "
Advocate Ravinder
(Expert) 17 August 2013
In A.P. the stamp duty in sub registrar office is 1% on the market value of immovable property.
Srimadhavi
(Querist) 18 August 2013
Thank you all for the advice.
Regards
Madhavi
ajay sethi
(Expert) 18 August 2013
thanks for your appreciation
Srimadhavi
(Querist) 07 October 2013
one related doubt, I heard that in AP, daughters get equal share in property if they are born after 1981.
Is this correct?
Regards
Sri Madhavi
