Can Hakkasodpatra be cancelled after death of owner
13-Apr-2023 (In Property Law)
Me n my mother gives hakkasodpatra to my brother. Last month my brother was expired. Can we cancelled registered hakkasodpatra
A registered HakkaSodPatra is nothing but a waiver of rights in a property, ie by executing such document, you have waived your rights in favour of your brother. Under this document, your brother became entitled for your share / right in the property, absolutely. It can not be cancelled even after his death. The property will devolve upon his legal heirs, which may include your mother and in some cases, you too.
Hakkasodpatra know as "RELEASE DEED" appears to be duly executed and registered whereby your brother became absolute owner. If he died leaving behind legal heir being wife or children they will be entitled to his property, if not you have to approach by way of Testamentary Petition/appropriate proceeding based on facts of the case.
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