Jagannath 04 April 2025

Release deed without partition - ancestral property

Hi Sir,

We are 3 sisters and 1 Son (myself) and Mother. My father passed away some 10 years back intestate, the agricultural property is mutated directly in my name along with possession without any objections from my sisters.

Now to avoid future legal complications ., we decided to go for registered release deed where my 3 sisters and mother are ready to sign the release deed.

Please advise if this OK to go for release deed to relinquish their rights or share in the properties which are already in my name ?

Thanks & Regards

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9 Replies

T. Kalaiselvan, Advocate (Advocate) 04 April 2025

It is advisable that you better get a registered release deed executed by all the legal heirs of your deceased father relinquishing their rights in the property in your favour so that your clear and marketable title can be established.

Jagannath 04 April 2025

Thank you Sir for your kind prompt response.

Yes Sir all my 3 Sisters and Mother are executing the release deed in my favor.

The property originally got it transferred directly in my name after my father's death without any partition deed ( without any objections from my sisters ).., so wanted to know is this Ok to go for release deed despite it is already in my name.

The question was also put like., can my sisters execute release deed though the property presently not in their name?

Thank you sir for your advice..., really helpful, hoping to go for registered release deed.

R.K Nanda (Advocate) 04 April 2025

Get registered release deed from legal heirs of your father in your favour so that you get a clear title of property.

kavksatyanarayana (subregistrar/supdt.(retired)) 04 April 2025

Yes. Get a release deed from your mother and sisters, and in the deed, it shall be mentioned that the property was already mutated in my brother's name and due to unavoidable circumstances, we have not executed the deed in time.

Jagannath 04 April 2025

Thank you all for your kind advice.

yes Sir all my sisters and mother are executing the release deed.

And we are mentioning in the release deed, the mutations of property in my name are done as per Oral family arrangements.
Now to avoid future legal complications and give better title to releasee ( myself) ., the releasors ( all sisters and mother ) are executing release deed to relinquish their rights and interests in the said properties. Hoping the language suffice.

Many thanks for the help.

kavksatyanarayana (subregistrar/supdt.(retired)) 05 April 2025

ok sir. thank you.

T. Kalaiselvan, Advocate (Advocate) 05 April 2025

Make sure that the release deed is executed by a registered document by paying the applicable stamp duty sufficiently to make the release deed legally valid.