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Father died leaving behind property sister wants to release share
09-Jan-2023 (In Property Law)
My Father bought a house on my mother's by his own money. now, my parents are no more. if my sisters wants to release their share for brothers then which deed is safest? either Release or Gift Deed? Also, in future, my sister's sons / daughters should not file a case for property? Kindly suggest
After the death of your parents, the property standing in your mother's name would devolve equally upon all her children. If your sisters wish to forgo their respective shares in favour of their brothers, they may do so by means of a Deed of Relinquishment which should be duly registered.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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HI,
MY SUGGESTION WOULD BE THAT YOU FIRST GO FOR A PARTITION DEED, THEN YOUR SISTERS CAN EXECUTE GIFT DEED SEPARATELY TO YOU REGARDING THEIR SHARES WHICH THEY GOT THROUGH THE PARTITION DEED. IT IS SAFER WHEN COMPARE TO MERE RELEASE DEED FOR AVOIDING ANY CLAIMS FROM THEIR ISSUES IN FUTURE.
MY SUGGESTION WOULD BE THAT YOU FIRST GO FOR A PARTITION DEED, THEN YOUR SISTERS CAN EXECUTE GIFT DEED SEPARATELY TO YOU REGARDING THEIR SHARES WHICH THEY GOT THROUGH THE PARTITION DEED. IT IS SAFER WHEN COMPARE TO MERE RELEASE DEED FOR AVOIDING ANY CLAIMS FROM THEIR ISSUES IN FUTURE.
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Adv. S.Lakshmi Kanthan
Chennai | 25+ Answers
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Hi with reference to your query reg to settlement of the property I can suggest you to draft a statement deed by religuishing their Intrest of the property. I hope the clarifies you legal query. Thank you
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Adv. Mohamed Ashick
Chennai | 100+ Answers
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In your case, your sister can give up their shares provided they execute a Settlement Deed and get it registered in your name. For the same you need to have the death certificate of your parents along with legal heirship certificate. Mention those details in the Settlement deed and get it registered.
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