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Tanvi (Housewife)     13 April 2011

Relinqueshment Deed vs Letter of Succession

Hi


My father passed away intestate leaving behind a house in Delhi. I have 1 sister and 2 brothers (total 4 kids).

All of us want to transfer the ownership of the house to my mother and there is no contesting party.

Based  on my preliminary understanding, I thought I will have to obtain a succession certificate for transfering ownership. However a lawyer has suggested that rather than getting a succession certificate I should get a relinquishment deed signed by the 4 children favoring the mother. He mentioned there are 2 benefits of this approach versus getting a letter of succession


1. While succession certificate takes a minimum of 1.5 years the relinquishment deed can be registered in 2 weeks.

2. If we go through the relinquishment deed we dont have to give a 4% court fee on the current market value of the house.


Can someone experienced in the field comment and/or confirm this?

 

Appreciate your help.

Tanvi



Learning

 2 Replies

Praveen Singhai (Advocate)     18 April 2011

Tanvi by relinquishment deed all you kids will lost thr right to claim on property, only right is with your mother.

what your lawyer has suggested you is absolutely correct as per law, but if there is any requirement of property distribution among you all then it;s all on your mother.

raj kumar ji (LAW STUDENT )     18 April 2011

tanvi ji,

if u don't go with succession certi ficate then u go for a legal hire certi ficate from ur tahsil or adm office or sdm .then u all sighn on noc for the transfering the ur father property to ur mother.


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