How to transfer dad's property to brother's name

Querist : Anonymous (Querist) 23 January 2021 This query is : Resolved
As per law me and my 2 brother have equal rights on my dad's property. Now my dad has been passed and i want to remove my name from property and give my portion to my younger brother only. What is the legal way to remove my name and give my portion of property to my younger brother.

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Advocate Bhartesh goyal (Expert) 23 January 2021
You can relinquish your share in favour of your brother by executing registered relinquishment deed.

kavksatyanarayana (Expert) 23 January 2021
Yes. But you have not mentioned whether your mother is alive or not and there are any other legal heirs or not. So it is best to execute a Gift deed for your share in favour of your younger brother and get it registered.

Querist : Anonymous (Querist) 24 January 2021
My Mother is not alive and we are only 3 legal hairs 2 brothers and me. Can i know how to get it registered ? You mean to say register in Tahsildar office or somewhere else ? And in future can i or my legal hairs can claim that property ?

kavksatyanarayana (Expert) 24 January 2021
You can gift the property of your share to your brother. Once gifted, you have no right to claim the property.

Guest (Expert) 24 January 2021
Registration of Documents could be done in Registrar Office Only and Not in Tehsildar Office.

J K Agrawal (Expert) 24 January 2021
it is registered just like a sale deed. A gift deed generally attracts more stamp duty and reliquishment deed is cheaper. IN case of relinqueshment of your share, literally you can not give your share in favor of any one person excluding others but this rules appears on theory books only and almost all over India it is practice to relinquish a share in favor of any desired co sharer.

Hemant Agarwal (Expert) 24 January 2021
An "ANONYMOUS" person has no right over any Property and neither such Anonymous person can give away any share of any property to anybody.

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

Querist : Anonymous (Querist) 24 January 2021
Thank you everyone for your valuable time and answer. As per all answer i conclude that i can give my share through registrar and in future I or my legal hairs can not claim on it(There is no exclusion?). But J K Agrawal Sir said i can not give my share to only one person ( In my case to my one brother only). Sir can i know that theory book or section. I would like to study it. Because if it is there then my another brother can claim in the share I will give.

Querist : Anonymous (Querist) 24 January 2021
Dear Hemant Sir, I am already stuck in one situation and I have tried to meet Local Lawyers too. But did not get satisfactory answer because people are interested to get a case instead of giving ONLY suggestion.No offence but this is human nature. As you know nor me or you have free time to ask query here just for fun.

Dr J C Vashista (Expert) 25 January 2021
Why did you prefer to post this query as "Anonymous" author knowing well rule of this platform that such person is not entertained even then many experts have responded and obliged ?
Have you not been named by your parents ?

Rajendra K Goyal (Expert) 31 January 2021
You can relinquish your right / share. Discuss with local lawyer.

krishna mohan (Expert) 04 February 2021
You can gift or have a settlement deed to give away your portion to your younger brother. You can take the help of document writer or a local lawyer to get the same registered.

K Rajasekharan (Expert) 04 February 2021
In case what you want exactly is to pass on your share in the undivided property to the younger brother it is better to register a “release deed” for “relinquishing your rights” over the undivided property to him.

Partition deed, gift deed, and sale deed are the other ways to transfer property rights in such a situation. If you go through the model forms of all these types of transfers, which are available on many websites including the home page of the Kerala registration site, you will get a better overview of the law and practice governing them.

If all the legal heirs come together and register a partition deed, it will settle the whole matter once for all. Otherwise, others have to go through the process of partition between them again.

Many persons executing the documents may go by the practice wholly ignoring the theory governing it. But at times that may end up in unintended losses in property. A failure to put a comma when one is needed or of an improper English usage may cause much trouble in law. An intelligent lawyer can make or mar a case or document grounded on practice but neglecting theory.

Model form being used for release deed is available at http://keralaregistration.gov.in/pearlpublic/model_documents/Release_Deed/Release_Deed_Eng.pdf

T. Kalaiselvan, Advocate (Expert) 05 June 2021
If you are willing to give away your share in the property left behind by your deceased father who is reported to have died intestate,, then you may execute a registered release deed in his favor relinquishing your rights in the property.
This would make him an absolute owner of the entire property provided if there are no other legal heirs surviving your father's death.