Release deed - need clarification/advice for sale of property
Ramudu
(Querist) 22 December 2012
This query is : Resolved
Hi Experts.
My friends father in 2003 registered a release deed 2 months before his death thru his advocate friend for his self acquired house. He has 2 sons and 1 daughter. As per the deed, it states his wife (friends mother) has the right to develop, renovate the property, has right for mutation in municipal and revenue records like patta. She has the rights to enjoy it with no alienation rights till her lifetime. Upon her death the property gets transferred to his three children and they have all the rights including alienation. He has passed away in end of 2003.
As he is a pensioner, his wife gets widow pension. He has ensured that she is fully protected and doesn't have to depend on the children for money and shelter.
The property value has gone up after their area was included in Chennai Corporation last year (2011).
Now the mother and three children want to sell the property. They asked the family lawyer who has prepared the deed. He says the property cannot be sold till she is alive as per the release deed.
Wanted to know, how to sell the property. Is there any legal provision available to sell the property when she is alive. How the title gets transferred. Who will sign the sale deed.
Request your help and advice..
Thanks in advance
Ramudu
ajay sethi
(Expert) 23 December 2012
the widow has only life interest in the property . she has no powers to sell the property . on her death property devolves on legal heirs namely 3 children who can sell the property .
Devajyoti Barman
(Expert) 23 December 2012
The lawyer is not advising properly. The deed can not put embargo on sale of the property as it is barred under the TP Act.
If the widow and her children add as Vendors and sell the property there would be no legal bar or hindrance.
