Release deed property

Hi,

To be sure of the title to the property, you may want to be sure if the transfer is valid or not. If the second wife in whose name the property is transferred is the legally wedded wife i.e. is married to her husband after legal termination of marriage with the first wife (Divorse with the first wife or after the death of the first wife), then the release deed is valid and she is entitled to the property, provided there are no other disputes regarding the same.

You may also get a search done in respect of the Property at the Registrar's office to be sure of any other dispute or transfer regarding the property.

 

Thanks & Regards,

Nitisha Jain

Divorce*

It is better to produce all the papers pertaining to the property before a civil lawyer and obtain his opinion before going ahead with the purchase of the property, in the event of any suspicion after that also, hust drop the idea and go for a better one without any ambiguity.

If the property of husband is self acquired he can transfer the property to his second wife, but that should be by way of sale deed only. Release deed or gift deed does not serve the purpose. Because as per hindu law the second wife does not have legal sanctity of being a legally wedded wife. Only first wife is the legally wedded wife. You can purchase the property from the second wife, subject to my advice above. You get cancelled the release deed and go for fresh sale deed.

Release is a consequential method of transfer of interest in some immoveable property. It amounts to the same effect in the form of relinquishment of interest of a person in some immoveable property. In case of several persons having interest in the same property any one or more of them may release, relinquish, surrender, transfer and convey his share or interest in favor of others.