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Is it necessary to put all legal heirs to execute relinquishment deed
24-Nov-2023 (In Property Law)
A Hindu person expired intestate. There is land on his name. He has wife, two sons and two daughters (already married). Family want to transfer the said land in the name of two sons by executing 'Relinquishment Deed' by wife and two daughters. However, the Sub-Registrar insist that the names of all heirs should be recorded on the 7/12 extract of the said land before executing proposed relinquishment deed. However, family want to executive the relinquishment deed before and transfer the land in the name of two sons only. Kindly guide whether it is necessary to have names of all heirs on the 7/12 extract of land mutated before executing 'Relinquishment Deed' in the office of Sub-Registrar.
As per my understanding, since the person has died intestate, obtain a Letter of Administration from the Court and submit along with NOC or Consents from the other heirs, wherein the order will state to transfer the said Land in name of two sons, then in that case registrar will bound to comply with the order of the court.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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sub regisrar is right. you have bring all legal heirs on record. how can it be done without bringing all legal heirs on record? is it make any sense? follow the procedure and rest is easy for you in future.
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Adv. Rahul Ravindra Abhyankar
Pune | 25+ Answers
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The Sub-registrar must be insisting that to acertain the rights of all legal heirs to be the party to relinquishment/release deed to relinquish their rights to the extent of their undivided share in the said land. You may get heirship certificate from court with respect to the said land and on the basis of heirship certificate, sub-registrar will get release/relinquishment deed registered.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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yes sir it is legally necessary to mutate the names of all the legal heirs in 7/12 extract and after that you mother as well as your sisters can execute relinquishment deed in your and your brothers favor. there will 2 mutation entry on 7/12 first as a heirs ship and other is registered relinquishment deed.
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Adv. Sandeep Raghunath Jadhav
Nashik | 25+ Answers
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