Legal heirs are not ready to give registered release deed

822 votes

The affidavit is useless for sale — you need a formal Release Deed from your sisters or no buyer will complete. Banks, registrars, and title insurers will reject the transaction. Issue a legal notice demanding the deed within 15 days; if they refuse, file suit for removal of obstruction under Property Law. This takes 30-45 days with aggressive action but settles quickly once they understand the legal exposure. I handle these disputes regularly and can manage everything from notice to negotiation to litigation.

Advocate Bhumika Vijay Bajaj LawRato

680 votes

A registered Will certainly strengthens your claim, and being a nominee helps only for management of the property after your father's demise. However, a nominee does not become the absolute owner merely because of nomination. If your sisters are legal heirs, a notarised affidavit on ₹100 stamp paper may support your case, but it does not legally extinguish their inheritance rights like a duly registered Release/Relinquishment Deed would. Therefore, before selling the flat, it is advisable to get the title verified and ensure there are no legal objections from other heirs. Many buyers and banks insist on a registered Release Deed or other clear title documents. Please share the Will, your father's death certificate, society documents, and the affidavit through the WhatsApp option on my profile so that I can examine the documents and advise you on the safest way to complete the sale.

Advocate Sanket Ganpat Khamkar LawRato

624 votes

You may sell only if your title is marketable. A registered Will and nomination help, but a notarised NOC is not equal to a registered Release Deed. Most buyers/banks will insist on a Release Deed as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

716 votes

If your father has expired and there is a valid registered Will bequeathing the flat exclusively to you, you become entitled to the property subject to completing the necessary formalities (such as probate where applicable and mutation/transfer in society and revenue records). A nominee is only a trustee and nomination does not override a Will. Therefore, your title primarily flows from the Will, not the nomination. The notarised affidavits/NOCs given by your sisters are not the same as a registered Release Deed. However, if they are not beneficiaries under the Will and are not disputing it, a Release Deed may not be legally mandatory. If your sisters are unwilling to execute a Release Deed, you may still be able to sell the flat if your title is otherwise clear. However, the buyer may seek additional safeguards or may hesitate. If there is any dispute or doubt regarding the Will, obtaining probate (where required) or a declaratory order from the competent court is advisable before proceeding with the sale.

Advocate Shriya Mehta LawRato