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Release Deed not being signed by one of the siblings. What to do now?
21-Sep-2023 (In Property Law)
We are 4 brothers direct heir to our parents who have died intestate. It was mutually decided that I would buy the shares of my brothers and all formalities were completed. Stamp Duty and all necessary fees were also paid and we were all set to register the Release Deed. But on the appointed date for registration 2 of my brothers were present and the only other brother did not make himself available. He has since left Mumbai and has not offered a solution to the property. I have in the meanwhile incurred huge costs to get to the stage of registration. Do the 3 brothers have a legal recourse?
Since the release deed is not registered so, the property cannot be transferred in your name.
You should have entered into family settlement agreement with your brothers and place a clause that in case of default they are liable to pay for the registration charges. Also like any purchase deed, you should have taken a initial amount.
Hence now, you will yet again have to have mutual talks and resolve the matter amicably
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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