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Release Deed Compulsory During Redevelopment?


26-Dec-2024 (In Property Law)
Dear Sir, is it compulsory for a nominated member in the co operative housing society to get release deed from other legal heirs like brothers and sisters during redevelopment in mumbai?, I tried checking in Maharashtra co operative society's Act and MahaRera but I could not find any such Law, please clarify.
Answers (2)

Answer #1
679 votes
In a cooperative housing society undergoing redevelopment in Mumbai, a nominated member’s role is limited to representing the deceased member’s interest, not ownership of the property. Ownership is determined by applicable succession laws, such as the Hindu Succession Act. While there is no legal requirement under the Maharashtra Co-operative Societies Act or MahaRERA for a nominated member to obtain a release deed from other legal heirs, developers or societies often request it to avoid disputes. A release deed confirms that other heirs relinquish their claim. If heirs refuse, the nominated member may need legal documents, such as a succession certificate, to establish ownership.
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Answer #2
838 votes
If the society is insisting on a release deed to avoid any future disputes/litigation then it is imperative to execute a release deed. Release deed or heirship certificate is insisted usually by societies because of family ownership dispute and that nomination does not culminate into ownership. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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