release deed
jach000019
(Querist) 26 July 2011
This query is : Resolved
my father has left a WILL now to avoid any dispute in the future we are going to execute the RRELEASE DEED of the PROPERTY distributed as AS PR THE WILL so can we do this i mean to say that release deed can be made even if there is there is a WILL and can the RELEASOR CAN WRITE THAT THOUGH THE PARTICULAR PROPERTY IS GIVEN AS PER THE WILL BUT I AM RELEASING THE RIGHT IN FAVOUR OF THE RELEASEE EVEN MY FATHER HAD NOT LEFT ANY WILL.
THANKS IN ADVANCE
jatin sharma
(Expert) 26 July 2011
hi, yes you can do this as relinquishment deed. but the releasor have to mention the specific property which they will be release to other.
N. AKSHAY BERI
(Expert) 26 July 2011
NO RELEASE DEED IT IS RELINQUISHMENT DEED WHICH NEEDS TO BE EXECUTED. THE RELESOR OF THE PROPERTY IN THE DEED HAS TO SPECIFICALLY GIVE THE DETAILS OF THE PROPERTY/S WHICH HE WANTS TO RELEASE AND IN WHOSE FAVOUR.
R.Ramachandran
(Expert) 27 July 2011
It it not at all clear as to what Jach00019 wants to say?
jach000019
(Querist) 01 August 2011
I MEAN TO SAY THAT IN MUMBAI MY FATHER HAS LEFT A WILL AND NOW TO AVOID THE APPLYING FOR PROBATE AND SIMULTANEOUSLY TO AVOID ANY DISPUTE AMONG THE LAGAL HEIRAS WE WANT TO EXECUTE THE RELEASE DEED (PROPERTY IS IN MUMBAI ) MY QUESTIONS ARE:
(1) CAN THE RELEASE DEED CAN BE EXECUTED EVEN WILL OF THE DESEASED IS THERE IN MUMBAI?
(2) RELEASE OF THE RIGHTS WILL BE AS PER THE WILL.
(2) IF THE RELEASES DEED IS EXECUTED AMONG THE LEGAL HEIRS THAT TOO WITHOUT ANY CONSIDERATION SO WILL IT BE ONLY ON THE RS.200/- STAMP PAPER OR THEIR WILL BE SOME STAMP DUTY ALSO?
(3) IF WE ARE WRING SOME CONSIDERATION IN THE RELEASE DEED THAN WHAT WILL BE THE STAMP DUTY IN THE MUMBAI.
(4) SOME LEGAL HEIRS ARE LIVING OUT OF MUMABI IN OTHER STATES SO CAN THEY APPOINT THEIR LEGAL ATTORNEY TO SIGN ON BEHALF OF THEM ON THE RELEASE DEED AND POWER OF ATTORNRY SHOULD BE REGD. OR NOTARIZED POA WILL DO IF ONLY REGD. POA IS REQUIRED THAN IT SHOULD BE FROM THE PLACE WHERE THAY ARE LIVING OR SINCE THE PROPERTY AND WILL IS OF MUMBAI SO REGED. POA CAN BE EXECUTED IN THE MUMBAI ALSO?
(3)AFTER EXECUTING THE RELEASE DEED IS IT NECESSASARY TO APPLY FOR THE PROBATE?
(4) IF IT IS WRITTEN IN THE RELEASE DEED THAT RELEASOR HAS ACCEPTED THE WILL OF DECEASED AND AS PER THE WILL THE RELEASOR IS LEAVING ITS RIGHT OVER THE PROPERTY SO AFTER EXECUTION OF THE RELEASE DEED THE RELEASOR WHO HAS GIVEN UP HIS/HER RIGHT OVER THE PROPERTY CAN CHALLENGE THE WILL OR IT WILL BE ASSUMED THAT SINCE IT IS WRITTEN IN THE RELEASE DEED THAT RELEASOR HAS ACCEPTED THE WILL IT MEANS WILL IS ACCEPTED TO HIM/HER AND COURT WILL NOT ALLOW ANY OBJECTION FOR THW WILL AN BEHAF OF THE RELEASOR WHO IS THE LEGAL HEIR ?
(5) EXPERT N. AKSHAY BERI HAS WRITTEN IN HIS REPLY THAT NO RELEASE DEED IT IS RELINQUISHMENT DEED SO I WOULD LIKE TO KNOW THAT IS THEIR ANY DIIFRENCE BETWEEN RELEASE DEED AND RELINQUISHMENT DEED.
