Property transfer

MUKESH (Querist) 29 August 2011 This query is : Resolved
Hi All,

Sir i want to ask that my grandfather had a property in Jaipur around 170 yard. and my grandfather didn't made any will and he died in year 2001 and my grandmother is also died in year 2004. so there is no will made by my grandfather and my father have 3 sister and 1 brother and is it possible to transfer that property to my father's name ?

Thanks
Mukesh

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R.Ramachandran (Expert) 29 August 2011
If your grand father had not left any WILL, then the property has to go by way of inheritance Equally amongst all his legal heirs i.e. his two sons (your father and uncle) and three daughters (your aunts).

Only when your father's brother and sisters give a Registered Relinquishment Deed, releasing their share in favour of your father, the property can be got transferred in your father's name. Otherwise not.

ajay sethi (Expert) 29 August 2011
i agree with mr Ramchandran

M.Sheik Mohammed Ali (Expert) 29 August 2011
yes, i do agree experts query reply

Shastri J.K. (Expert) 29 August 2011
I also agree with mr Ramchandran

prabhakar singh (Expert) 29 August 2011
Mr. Ramchandran has left no room to say any thing more.ask your father to arrange a Registered Relinquishment Deed,in his favor if he wants it in his name alone.

MUKESH (Querist) 29 August 2011
Hello Mr. Prabhakar Singh Thank you for suggestion and can you please tell me that what is this Registered Relinquishment Deed ? and is there any way to transfer the property without getting NOC from other Son/Daughter of my grandfather.

prabhakar singh (Expert) 29 August 2011
Except Registered Relinquishment Deed there is no other lawful way out Mr.Mukesh.

Relinquish means to give over title & possession or control of or to leave off.
A release deed or relinquishment deed is an instrument by which a person renounces a claim upon another person or against any specified property and includes (1) A renunciation of claim(2) against another person or against specified property but does not include a release or discharge of mortgage of mark able securities
A release deed must be executed and attested as a bond by two witnesses.
All release or relinquishment deed effecting immovable property of the value of Rupees Hundred or more is compulsorily register-able.

Raj Kumar Makkad (Expert) 30 August 2011
I do agree with prabhakar singh.

Guest (Expert) 30 August 2011
I also agree with the advice of S/Shri Ramachandran and Prabhakar Singh ji.

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