Release of joint tenancy

Guest (Querist) 19 January 2014 This query is : Resolved
Hi All,
I need the advise regarding releasing the share from a joint tenancy by one of the tenants. My father and his nephew took the commercial shop on rent jointly through a rent agreement around 30 years back. But my cousin never occupied that shop nor did any business through that property and my father has been carrying his sole proprietor business through that shop. My father wants his nephew to release his joint tenancy right in favor of my father.
Please suggest regarding the kind of document to be used as we don’for releasing my cousin’s right in joint tenancy as we cannot ask Landlord to again sign the rent agreement and also we may not be able to get the document register. Therefore, please advise should we execute a MOU or Relinquishment Deed or any other document with our cousin and what would be the authenticity of such unregistered document and stamp duty required on such document.

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Dr J C Vashista (Expert) 20 January 2014
Family Settlement or MOU will suffice.

Raj Kumar Makkad (Expert) 20 January 2014
There is no term of joint tenancy in the given issue even then if your father wants a document from your cousin then an affidavit duly sworn by him shall be suffice.

Rajendra K Goyal (Expert) 20 January 2014
MOU / Agreement would suffice, get it drafted by an Advocate.

T. Kalaiselvan, Advocate (Expert) 21 January 2014
As suggested by experts, a family settlement or a memorandum of understanding or an affidavit giving details and expressing no objection as well as relinquishing the rights will suffice the issue.

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