Deed of Relinquishment
Aj Mann
(Querist) 10 March 2011
This query is : Resolved
My father died without a will and me and my sister's wish to relinquish our right over his land in india in favour of our mother. Should the Deed of Relinquishment be witnessed by two people or does it have to be attested by Indian High Commission here in the UK?
Atuliya
(Expert) 11 March 2011
You will need to prepare a Release Document to release your (and your sisters) share in the property in favor of you mother and this document will need to be signed in the presence of witness by the "Releasor" and the "Releasee". The document will need to be registered and appropriate stamp duty paid.
Thus if you are in the country you may as well do it all here. The HC-UK will simply attest the Release document but that is only half the work done or may be less.
By the way the query is vague and ambiguous in the sense that you have not given any details of yourself and the property.
Aj Mann
(Querist) 11 March 2011
The property is agricultural land and I am a UK resident coming to India in April. Will I still be able to register the deed if it is only witnessed by two people and not HC-UK attested? I want to avoid going to HC if possible.
Sri Vijayan.A
(Expert) 15 March 2011
1.HC has to certify in the deed
2.Then it has to adjudicated by District Registrar
3.Then it has to be registered in the Sub-Registrar office concerned.
HOWEVER, WHEN YOU COME TO INDIA IN APRIL YOU CAN DIRECTLY DO ALL FORMALITIES DIRECTLY
