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I want to highlight the matter of the relinquishment deed. I have a nuclear family consisting of my parents, my younger brother, and myself. My father expired two years ago and after him, we are three legal heirs of his property. Now the question is, can my brother make a relinquishment deed after getting his share (as there will be 3 shares)? He wants to give his share to his mother before going abroad in the next month. Can you help with how many days will it take to do such a process? – Anonymous

We assume that you are a Hindu and that your father passed away intestate i.e., without leaving his last Will and Testament and consequently, your mother, your brother and you are each entitled to one-third undivided rights, title, and interest in your father’s estate/ property. Upon the demise of your father who died intestate, each of you immediately become owners having undivided one-third of rights in the estate of your father. Since your brother desires to relinquish his share which comes immediately on the demise of your father, to your mother, it is possible by way of executing a relinquishment or a release deed in favour of your mother. You may also note that in case of immovable property, the same will required to be adequately stamped in terms of state stamp laws and also registered before the concerned registrar to be valid. The registration of the relinquishment/release at the appropriate sub-registrar’s office having jurisdiction of the immovable property after payment of adequate stamp duty as applicable along with the registration charges in terms of the State laws. Depending on the state where the property is situated and the preparation of the release deed, it may take approximately five to seven days for the registration to be completed.

(The query has been answered by Aradhana Bhansalip, partner, Rajani Associates. Please send queries and views at mintmonet@livemint.com)

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