Legal Question in Real Estate Law in India

My father gone missing from past 7 years & obtained civil death declaration from city civil court. He has a house in his name which has been alloted by AP Housing board and took possesion of it, but not yet registered in his name (all payments towards the house are paid fully) & has 4 children 'ABCD" including me. Now the real question is two of the children B &C are willing to release their rights on the property in the name of the youngest child "D" among the 4. "A" being the eldest of all is unwilling to release his rights over his 1/4th share, since 4 of us are entitled 1/4th each (our mother dead).

Now the result will be "A" getting 1/4th and "D" getting 3/4th share, since B & C gave their share to D.

Now the problem is can we make a release deed and get it registered in the way discussed above, even though the house is not yet registered in my father's name.. Whether that registered document is legally enforceable, valid or not.


Asked on 4/03/11, 5:55 am

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Yes the two of you ,namely ,Band C can relinquish your share in favour of D by drafting and registering a Relinquishment Deed .

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Answered on 4/03/11, 7:17 am
shiv shakner saini saini law

you must give an application in AP Housing board stating all facts then decide that what you want and act accordingly

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Answered on 4/03/11, 9:00 am
Vishwa Arya Arya & Co.

after the relinquishment deed by b and c in favour of D, A and D may apply to the board for substitution of name of a and d (1/4 and 3/4) in place of father on the basis of R/deed

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Answered on 4/03/11, 10:31 am
Shrichand Nahar S.V.Nahar, Advocate

First of all, you need to check rules of AP Housing Board in this behalf, particularly to check that there are not restrictions / prior permission contemplated by AP Housing Board.

In case of a freehold property, rights of heirs are crystallized on the date of demise of person from whom he/they would be inheriting. In your case, it would be date of decree of court.

Upon crystallization of rights, one can release or relinquish his rights. In case of an immovable property valued more than Rs.100/-, same is required to be done by a registered deed.

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Answered on 4/04/11, 1:42 am


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