RSH (NA) 16 October 2012

Relinquishment deed by legal heirs

Dear Experts

Kindly have a look at below case, need guidance.

Father, the owner / orignal al;ottee of DDA Flat died in 2004 without any WILL. The flat is still on lease hold.

There are 6 legal heirs left. A, B, C, D, E and F. (Four borthers and two sisters)

In 2005, A, B & C signed a Relinquishment Deed (registered) in favour of E, and D signed Relinquishment Deed (Sale deed) in favour of F.

Now E and F wants to apply for mutation anf then for free hold in DDA as per their share.

Can it be done? what formalities to be done?

Your expert views/guidance is highly appreciated.

Thanks & Regards

RSH

Reply Follow

6 Replies

S Jadhav 98336 98330 (Jadhav & Associates) 16 October 2012

If all the relinquishment deeds are registered by paying proper stamp duty, E & F can apply to the DDA for transfer of the plot to their name. They will have to pay the transfer and other charges.

S Jadhav

1 Like

RSH (NA) 16 October 2012

Thanks for you reply Mr Jadhav.

There's another view. It says that Lega Heirs can not sign a relinquishment deed as they do not have 'absolute right'

Please have a look at it.

https://www.lawyersclubindia.com/forum/relinquishment-deed-10331.asp#.UH0c6W_MhRxhttps://www.lawyersclubindia.com/forum/relinquishment-deed-10331.asp#.UH0c6W_MhRx

Regards

RSH

Adv Akhtar Ali Sheikh (Property Law Consultant) 16 October 2012

The legal heirs can very well relinquish their rights and interest in favour of other co-owners even if they are not owners as per the records - what matters is the Interest and if the interest is their it can be transferred, sold, exchanged willed etc.

1 Like

RSH (NA) 17 October 2012

Great.

Many thanks to both the Gentlemen!

Regards

RSH

RSH (NA) 17 October 2012

Gentlemen!

Further to your expert views it would be a great help if you could provide a citataion Or reference to the relevant section of the law.

Thanks & Regards

RSH

Adv Akhtar Ali Sheikh (Property Law Consultant) 18 October 2012

Well it is covered under the general legal principles on the principle of natural justice like if you have something of whatsoever value it can not be snatched from you without due process of law and that you can enjoy it and at the same time if you so desire you can pass on to anybody of your choice and thus it is guaranteed by the Indian constitution ( Article 300A) and also covered by Transfer of Property Act (Sections 5 &. 6)