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Saravana Kumar (Nill)     10 March 2014

Release deed of legal heir

Dear Sir/ Madam,

recently my father passed away. legal heirs to my father are my mother, myself (son), my sister and my father's mother (ie grand mother to me). my grand mother has three other sons other than my father. 

my question is if my grand mother passed away, do my father property share part of my grand mother as legal heir will be closed or my grand mothers share will go to her three other sons ?

Can i get release deed (viduthalai pathiram in tamil) from my grand mother for all of my fathers properties , accounts etc., 

for getting release dead for all of my fathers property , do i have to get each individual release dead for each and every property or a common release dead can be made for all of my fathers property.

kindly some one here enlighten me.

thank you.



Learning

 9 Replies

Suneet Gupta (www.vashiadvocates.com)     11 March 2014

 

Your grandmother has 25% share in your father's property., as a Class 1 heir under Hindu Succession Law. The same can be claimed by your uncles (her other sons), after her death. You can get a common release deed executed by her for all your father's properties.

Advocate Ravinder (Advocate/Attorney)     11 March 2014

I agree with Suneet gupta. If it is self acquired property of your deceased father you can follow the advise of Suneet gupta.  If it is ancestral property the situation will be different. First let me know whether it is self acquired or ancestral property of your deceased father.

Saravana Kumar (Nill)     12 March 2014

Sir, the one property is my fathers own acquired property.  another property is given by my grandfather to my father and  this property is on my fathers name only.

He ran retail agency and having bank deposits on the same, is the common release deed from my grand mother applicable to all ?. Sir How much would be stamp paper and registration cost for release deed ?  & Do we have to go to registar office ?

Saravana Kumar (Nill)     12 March 2014

Suneet Gupta (www.vashiadvocates.com)     12 March 2014

If the property was gifted or willed by the grand father to your father, then it will also be treated as self-acquired property. Only property that devolves on a person without a will should be treated as ancestral. A common release deed for all property should suffice. It is better to get the same registered at a local registrar. The registration fees, stamp duty, etc. can be clarified by a local lawyer.

T. Kalaiselvan, Advocate (Advocate)     12 March 2014

I endorse the views of learned Advocate Mr.Suneet Gupta.  One common release deed mentioning all the properties and her interests and  shares in them will be enough but the same has to be registered before the local jurisdictional SRO otherwise it is not valid.  The stamp duty details can be seen in the internet itself a site maintained by the department of registration.

Saravana Kumar (Nill)     13 March 2014

Sir, thank you for your valuble informations. one last help can any one post here an format or sample writing of above common deed. or guide me where the same will be available. thank you.

Saravana Kumar (Nill)     13 March 2014

Sir, thank you for your valuble informations. one last help can any one post here an format or sample writing of above common deed. or guide me where the same will be available. thank you.

S Nanda Kumar (Legal Assistant)     03 May 2014

We   four siblings along with my mother released the property in favour of one of the sibling with a condition that the said beneficiary shall take care of my mother till the end of her life. I am a male releasor released my rights, title and interest in the said property for exchange of another property. Later on, I came to know that the property is not governed by all the statutory regularisations. Now, he is neither taking care of my mother nor I have secured correct title to enjoy the property allocated to my share in terms of the release.  What is the next legal course I can take both for securing my mother's nursing and for my property.  I would request the learned fraternity to advise me at the earliest. 

With regards,


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