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Partition Deed Vs Release Deed
10-Apr-2023 (In Family Law)
My grandfather died on October 2001. He has 1 house and 1 farm land. He died without writing will. He has 3 daughters and 1 son. These property was not partitioned till now.
Now, his 3 daughters, his wife and his son came infront to partition the property.
His three daughters and his wife are expecting money. They don't want any rights in property. They are agreed to sign the document. As the partition is not equal. Which one will be safer Partition deed or Release deed among family members? Will only the daughters have rights to cancel this partition deed? In future, if daughter's son went to court as the shares are not equal, will they have rights to file case ?
The safest option would be to go for sale deed to buy the shares of the willing parties. Next would be partition. Once partition is effected then each share becomes individual property and the same can be sold. Otherwise, execute release deed with all the children as witnesses.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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partition deed is between the family members, based on the agreement of share it is done. whereas the release deed relinquish the rights over the property. since daughters and wife expecting money only, release deed with consideration can be made. The daughters son can be made witness to the documents, so that they are aware of the transaction. if required a letter of acceptance for the release may be adduced to the release deed from them to avoid future legal issues.
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Adv. Chandra Mouli VR
Chennai | 5+ Answers
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Release deed between family members First of all, the parties must be in agreement with the terms. The deed should be signed by a notary. The deed must be registered at the appropriate office such as the Register of Deeds.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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