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Siddharth   10 October 2018

Property release / relinquishment deed

Sir, 
My father died intestate and now my elder brother suggested we get a release deed registered in our mother's name so that her name is added in the Index II and my father's name is deleted. We are 3 brothers no sisters. My query is - can this release/ relinquishment deed be manipulated by my brother as he can get my mother to gift him the said property ,thereby leaving both me and my other brother totally helpless. I read somewhere that it is irrevocable. So, even if we can challenge this in court , there is no precedent that it will give us justice. Kindly advise as I am not comfortable relinquishing mine and my son's right in the said property. 
Is there no other way, for my mother's name to be in the Index II, is release deed the only way?

I think by submitting the shares in my mother's name and NOC from society along with the death certificate of my father should be sufficient to add her name in municipal and property records. Somehow my brother is insisting on a release deed.


Please guide.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 October 2018

Get the legal heir certificate from Revenue authorities.  as per legal heir certificate, your mother you & your brothers will give NOC to the society.  After that you go to division of property in equal shares and if on an amicable settlement, it is not compulsory to devide the property in equal shares and it can be devide in un-equal shares also if all the legal heirs agree.

Siddharth   12 October 2018

Thank you sir

Siddharth   12 October 2018

Thank you sir,

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