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Sujatha S   06 April 2024

Liberation deed

My husband passed away before registering a sale deed of the property. The sale agreement and construction agreement have only been registered. No we are planning to sell the property to a third person.

In my Husbands legal heir certificate his mothers name is also included( she is 90 years old) but due to some family issues we are not in good terms. she is of unstable mental health now. 

we are in dire need to sell the property as we have some debts to clear. 

In this case can we execute a Liberation deed exiting her from being the signing authority as she is not in that state of mind? 

This property is solely the earnings of my husband and nothing ancestral .

Kindly guide me as We are in a fix.

Thanks.

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     06 April 2024

It is not liberation deed.

Liberation deed is an unknown term in  indian law.

Probably you are referring to release deed.

A release deed is a legal document that is used to transfer the rights of an individual or entity from one party to another.

In India, these documents are often used for property transfers and to settle disputes between parties.

If your mother in law relinquishes her rights in the property by executing a registered release deed, then the other legal heirs can join together to sell the property.

If there are any minor legal heirs then you my have to obtain permission from court to sell their share in the property. 


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