Prerequisites for executing relinquishment deed
Babasaheb Chavan
(Querist) 26 November 2017
This query is : Resolved
A hindu male died instate leaving behind his wife, two son
Babasaheb Chavan
(Querist) 26 November 2017
A hindu male died instate leaving behind his wife, two sons and two daughters (already married) as his legal heirs. He has an agricultural land on his name. Now the family is willing to transfer this land in the name of two sons by executing relinquishment deed. Can this relinquishment deed be executed by the mother and two sisters in favour of these two brothers? If yes, can it be executed before bringing names of all legal heirs on 7/12 record considering the provision of Section 17 of Registration Act 1908? Or is it necessary to have the land mutated in the name of all legal heirs before executing relinquishment deed by the heirs? Kindly clarify considering the provision of Section 17 of Registration Act 1908.
Vijay Raj Mahajan
(Expert) 26 November 2017
Firstly the heir certificate will be required to be issued by the district SDM office in your city. The death certificate of the father in original. The relinquishment deed to be made by the surviving member(s) of the family relinquishing his/her/their share in the property of the deceased in favour of the other member(s) as the case may be. The Relinquishment deed should be registered from the Tehsil office of the district where the property is situated. Nowadays the Aadhar card of the surviving members of the family may be required for the identification purposes by the authorities.
Ms.Usha Kapoor
(Expert) 27 November 2017
Relinquishment Deed registered with local Tehsil office executed by his sisters and mothers in favour of these two brothers should be obtained.Legal heir certificate also should be obtained from local Tehsil office accompanied by death certificate issued by Registrar of Births and Deaths-once all these formalities are complained with the property will be transferred in the two brother's names.
Ms.Usha Kapoor
(Expert) 27 November 2017
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P. Venu
(Expert) 27 November 2017
The relinquishment deed or the settlement deed need to be executed as per previsions of the Registration Act. Legal heir Certificate, or even death certificate, may not be necessary. Mutation could be carried out on the basis of the deed executed. Changes carried out in the Revenue records alone and mutation in record of rights on that basis is of no consequence as regards to title to the property.
