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Property transferred without consent of legal heirs

Page no : 2

tejinder sethi   24 May 2024

Before filing a partition suit I want to send a legal notice. But most of the time my mother is staying with her son. Can I send the legal notice to the email id of my brother.

Dr. J C Vashista (Advocate )     25 May 2024

Instead of sending notice on the email of your brother, it is better / appropriate to send hard copy to your mother through speed post or registered letter and get tracking report. 

tejinder sethi   12 January 2025

I just remember my father had taken a plain affidavit for relinquish of right in property from all the heirs which is not registered but notarized. It is primarily a declaration of intent where someone declares they are giving up their rights in the property.

I understand that affidavit is merely an intent whereas a release deed is more legally binding document.

 The affidavit/consent does not meet the requirement of Section 49 of the Registration Act. Right on property can’t be relinquished on non-registered consent affidavit: Gujarat HC in the matter Roshanben Hajibhai Deraiya W/O ... vs State Of Gujarat on 9 July, 2021.

Please advise 


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