Transfer of share (residential) property

munshilal (Querist) 11 July 2019 This query is : Resolved
Sir,
As per my Fathers WILL i have 50% share of the property ,now I have decided to give my share of property to my brother,willingly.

Query 01/-
can it be written on a plain paper? & what would be the document called in Legal terms .

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R.K Nanda (Expert) 11 July 2019
Execute registered release deed in favor of your brother.

kavksatyanarayana (Expert) 11 July 2019
Ji, Yes. execute a Relinquishment (Release) deed in favour of your brother.

munshilal (Querist) 12 July 2019
Thank you experts Kavksatyanarayana & R.K.Handa--
further my next question is -does the Relinquishment (Release) deed to be made in favour of my brother-- before or after the Mutation done in the Municipal records ,please do clarify.

Sudhir Kumar, Advocate (Expert) 12 July 2019
what is the property.

If it is landed property and not transferred in your name then you can do it by NOC on appropriate stamp paper/plain paper as per local regulation. It transferred in your name then by registry only.

munshilal (Querist) 12 July 2019
Attention Sudhir Kumar-thanks for the prompt reply,But it did not answer my specific question

Query is can a Release deed be executed before the process of Mutation in the Municipal records or the said Deed in question is to be executed after the Mutation has been done in the Municipal records- as the said property is residential & is within municipal limits- please answer with clarity.

krishna mohan (Expert) 12 July 2019
Release deed can be executed if property stands in your joint name. If not Settlement deed could be the right solution and do it with the guidance of local lawyer after perusal of all title deeds.

Dr J C Vashista (Expert) 12 July 2019
I respectfully differ with experts opinion and advise.
The property can be transferred by executing a registered "Gift" or "Sale Deed" but it can not be transferred through Relinquishment Deed.

munshilal (Querist) 13 July 2019
@ Dr.J.C.Vashista

Since the WILL of my late father says so i have 50% share-- Now as per my sweet will, i want to give my share to my brother --

You have mentioned by the Virtue of a Gift/Sale deed Registered..-

question is ?
For a lay mans understanding in what situation /circumstances can the the Relinquishment Deed be executed?

KISHAN DUTT KALASKAR (Expert) 13 July 2019
Dear Sir,
You may execute a release deed and get it registered in the name of your brother.

Please mark “LIKE” if satisfied by my answer.

munshilal (Querist) 13 July 2019
@ Kishan Dutt (Retd.Judge)
Sir
when should the Release Deed be executed , before or after the Mutation in the Municipal records?this my ultimate concern--

Hemant Agarwal (Expert) 18 July 2019
1. "IF" property is already mutated in your name in the Municipal /Revenue Records, "THEN" execute a duly stamp duty paid Registered GIFT DEED.

2. "IF" property is "NOT" mutated in your name in the Municipal /Revenue Records, "THEN" execute a duly stamp duty paid Registered RELEASE DEED, by annexing the WILL document.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

munshilal (Querist) 20 July 2019
@Hemant Agarwal-
--after signing the MoU of family settlement there after one of the share holder dies- Question. is the said MoU Legally valid or void-? help me in keep smiling .

Hemant Agarwal (Expert) 21 July 2019
1. MOU is not a Deed, and does not require Registration. Hence MOU is only a "persuasive arrangement document", and legally not enforceable in a court. Hence "IF" a signatory to a MOU, subsequently expires, it is ok, BUT has no negative legal affect on the MOU.

2. HOWEVER, "IF" any Deed is duly Stamp Duty paid and Registered before the local Registrar of Sub-Assurances (a constitutional authority), THEN it is legally irrefutable & enforceable & FINAL for ALL legitimate purposes. Hence "IF" a signatory to a registered DEED, subsequently expires, it is ok, BUT has no negative legal "challenge'ble" affect on the Deed.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

munshilal (Querist) 22 July 2019
@Hemant Agarwal,
one of the signatories after signing the MoU of family settlement refuses to honor/agree the the terms of the the MoU , then what Legal action is to be taken?

Hemant Agarwal (Expert) 22 July 2019
1. Kindly Re-Read my earlier suggestions, this time more S-L-O-W-L-Y.

2. IF MOU is a legally not-enforceable document, THEN obviously no legal action is possible, for rescinding back on the MOU.

3. HOWEVER, "IF" the MOU bears signature of witness/s and depending on the contents /purposes of MOU, THEN You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

munshilal (Querist) 22 July 2019
@Hemant Agarwal-
read my Query slowly, can one just by submitting? in writing a Affidavit & Indemnity-bond to the Nagar Nigam ( dehradun) stating that he/she is the lawful owner residential plot, hence the request for sanctioning the map for construction of the house should be given ?

Hemant Agarwal (Expert) 23 July 2019
1. APPREHENSIVELY, you have cultivated an chronic HABIT of ridiculing the persons over here, AFTER taking his opinion & suggestions, for your endless new interwoven & non-related queries. This attitude of your portrays your inherent frustration and arrogance.

2. Do you not have to financial capacity to meet a local Lawyer with all the relevant documents for a one-to-one session, for solving your queries /grievances ????

munshilal (Querist) 23 July 2019
@Hemant Agarwal,my sympathies with you,
read this slowly & lying down-i had asked a very simple departmental documentation procedure, but since you have no knowledge? idea of the subject-you have written a medical prescription for frustration ,inheritance etc it would have been appreciated if you had surrendered by saying sorry i am out of my wits.
like some Lawyers who take you for a ride ,till one realizes his financial capacity, you are no less smarter then them, leaving your contact No OPEN AS THE HONEY TRAP. this tactic will not last long --RIP.

Hemant Agarwal (Expert) 24 July 2019
1. Kindly keep your sympathies for yourself. Extra-Over-Smart frustrated people like you are dime-a-dozen and can be seen at every nook & corner.

munshilal (Querist) 24 July 2019
@expert Hemant agarwal.
while participating in public forums ones brains should have the the Q.A.stamp of approval, which is missing in your rare case , simply because of your dogmatic attitude.
Keep smiling while standing-

Hemant Agarwal (Expert) 25 July 2019
1. From your various earlier queries on this Forum and your ridiculing & frustrating & apathetic attitude towards the Experts on this Forum and consequently your subsequent additional non-related queries, I presume you do not have the financial capacity to consult a local lawyer for your issues and keep on beating around the empty bush. Can you confirm on this one.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

munshilal (Querist) 26 July 2019
@Hemant agarwal
,this is to confirm on checking my coffers are full as you wanted me to confirm & get back to you, you talk all bull similar to the Uttrakhand C.M.you says the cow inhales & exhales oxygen ,i for one would not give a dime to jokers like you who claim to be experts/lawyers.change your fishing tactics

Hemant Agarwal (Expert) 26 July 2019
1. OHHHH .... so you are from Uttrakhand .... No wonder you are looking everything for Free !

munshilal (Querist) 27 July 2019
@ Hemant agarwal -thank you for the good thoughts & words, to correct you i do not belong to Uttrakhand, never the less which part of the country you disgrace, ?
i am been told when it comes to financial matters you belong to a community of blood suckers, & then you ask people to keep smiling.

Hemant Agarwal (Expert) 27 July 2019
1. ONLY "financially down trodden" people call others as "blood suckers".
2. ONLY "financially down trodden" people are ""blood suckers leeches" who try to latch on to Professionals and suck their blood.
.

munshilal (Querist) 28 July 2019
@hemant agarwal-it is a shame & a fact with your mental aptitude it proves that you are a professional Pimp ,which has dominant quality of a leech, your case is of pure inheritance?

Sankaranarayanan (Expert) 22 December 2019
Release your shire by Deed is advisable . f

Transfer of share (residential) property

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