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Is a relinquishment deed necessary for an unregistered plot
24-Mar-2023 (In Property Law)
My father and sister jointly own a BPTP plot in Faridabad (Delhi NCR). The property is not registered yet. Both my sister and brother are NRIs. Only myself and my mother are available in India. My father passed away a few months ago. My query is: Do the other legal heirs still need to execute a relinquishment deed in favour of my sister, considering that the said plot is not registered yet and my sister is already a co-owner in the records of BPTP (private developer). Won't a legal undertaking / surety bond by other legal heirs to BPTP suffice in this case?
Sir, kindly first go through the term and condition of builder agreement with your father and sister especially on account of death of one CO owner regarding transfer In the name of another CO owner. If possible then no need of relinquishment deed other size it by legal representative of your father.
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Adv. Rajesh Kumar Moudgil
Chandigarh | 25+ Answers
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Hello dear, the answer of your query is YES. You need to transfer the share of all co shareholders in the name of your sister, or you all will be the co owners in the said property. So if the other legal heirs are NRI , you can suggest them to send a GPA , to get the property register in the name of your sister.
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Adv. Akash Gupta
Gurgaon | 100+ Answers
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If property is undisputed you have the full lien in the same whether it is registered or not, as BPTP is a registered developer and possibly would have provided your father/sister receivings against the property as your father is deceased being the legal heirs you/mother may execute relinquishment deed in favour of your sister fir your fathers part.
Regards/Shravan Kumar
Regards/Shravan Kumar
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Adv. Shravan Kumar
Gurgaon | 25+ Answers
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