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Photo: iStock (Photo: iStock)
Photo: iStock (Photo: iStock)

Register property release deed with the sub-registrar of assurances

  • The heirship certificate of the deceased for the purposes of the estate will bear the name of his wife, son and daughter

My father bought a property from his savings. My mother, brother and I are joint heirs to the property. My brother has agreed to transfer his share to my mother, giving her two-third share in the property. However, my mother wants to register the release deed jointly with me. Please advise what additional steps need to be taken.

—Name withheld on request

We have assumed that the deceased was a Hindu and died intestate or without making his Will and is survived by his class I heirs, as per the Hindu Succession Act, 1956.

The heirship certificate of the deceased for the purposes of the estate will bear the name of his wife, son and daughter. It appears that the son has been adequately compensated by his mother and, hence, the property will be divided between the wife and the daughter, whereby the wife will have two-third undivided rights and interest and the balance one-third undivided rights and interest will be with the daughter and will be recorded in the release deed.

To answer your query as to what additional steps need to be taken, you must ensure that the release deed should not only be signed by the daughter who will have one-third rights along with the wife of the deceased, who will have two-third rights, but also the son, wherein the son, who is releasing and relinquishing all his rights and interests in the immovable property for a consideration which he has received from the estate of the deceased should be recorded. Such a release deed should clearly record every family member’s rights in the property so that at a future date, the son does not dispute with his mother and sister claiming his rights in the subject property, which he had released for monetary consideration.

Such a release deed should be registered before the concerned sub-registrar of assurances.

Aradhana Bhansali is partner, Rajani Associates. Queries and views at mintmoney@livemint.com

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