A person living in Dubai can execute a release deed in India2 min read . Updated: 13 Oct 2020, 10:13 PM IST
- In addition to the release deed, the releasor will also require to execute a PoA for the limited purpose of registering the release deed before the concerned sub-registrar of assurance’s office having appropriate jurisdiction
If a person lives in Dubai, how does he register a release deed in India? Can it be executed in Dubai? Please explain the notary, registration and other requirements.
If a person living in Dubai desires to execute a release deed in India, it is possible to do so. The procedure may, however, be time consuming. It is assumed that the release deed is pertaining to an immovable property situated within India, which is statutorily required to be registered as per the Indian laws and that the releasor is based in Dubai and the releasee or the person who is acquiring or in whose favour the releasor is releasing his rights is in India.
In addition to the release deed, the releasor will also require to execute a power of attorney (PoA) for the limited purpose of registering the release deed before the concerned sub-registrar of assurance’s office having appropriate jurisdiction.
The releasor will execute the release deed and PoA in Dubai before the Indian consulate at Dubai and the documents will bear the stamp and seal of the Indian consulate. Thereafter, both the executed documents, the release deed and PoA, will be presented before the concerned stamp office for adjudication after the releasee has signed and executed the release deed. After such adjudication, the appropriate stamp duty is to be paid by the parties as mutually agreed between them.
Thereafter, the release deed and PoA will be considered as appropriately stamped and ready for presenting before the sub-registrar of assurances office. The PoA holder for and on behalf of the releasor will appear with the releasee at the sub-registrar’s office having appropriate jurisdiction along with their identification documents to register the release deed.
I have been paying the home loan instalments of a residential property since it was bought more than 14 years ago. The property, which is in the Mumbai Metropolitan Region, is jointly owned by my parents and me. Will my siblings have any rights over this property? They are not joint owners.
—Name withheld on request
It is assumed that your parents and your family are Hindus and are governed by the Hindu Succession Act, 1956. In the absence of your parents leaving a will, on the demise of your parents, all the children, being class I heirs, will have equal share in the estate, which in your case will be one of the parents and all their children. If your parents leave a will, their estate will be distributed in terms of their will.
At the time of the purchase of the property, the purchase agreement executed among you and your parents as buyers should have mentioned each of the parent’s share. In the absence of no specific percentage of interests in the purchase agreement, it is assumed that all three have equal share.
Your siblings are entitled to claim their rights in the flat as legal heirs of your parents to the extent of the parents’ share, unless your parents bequeath the flat to you under a will.
Aradhana Bhansali is partner, Rajani Associates. Queries and views at email@example.com