Legal Question in Real Estate Law in India

the flat is registered in my name & my father's name as 50:50 share. he has given me a release

deed, in a Rs. 100/- stamp paper stating that he has given the full share, which only notarised

and not registered. i have two brothers and one sister. my query is that :-

1) whether the release deed is valid document to prove this as my flat even after my fathers

death.

2) whether he can prepare a seperate will for this property, he is now 79yrs old

3) in case will is not prepared what are the other procedures by which the ownership of the

flat will remain with me as nobody has objection in giving the ownership to me, however to

avoid any complication/ legal disputes may arise in future can be avoided.

4) does the stamp duty varies if the will is prepared, i want to minimise the expenses

to the minimum due to my present financial difficulty.

Bipin.R


Asked on 10/22/12, 8:07 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is advisable to show the release deed and title documents to a lawyer for a concrete opinion.

read more on Indian laws on my website www.karvai.in

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Answered on 10/22/12, 10:24 am
Shrichand Nahar S.V.Nahar, Advocate

Registered document is essential.

Transfer by Release Deed of share of property purchased and held by a person may not be proper.

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Answered on 10/22/12, 10:02 pm
Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are here in below for your perusal :-

1) No because it is not registered document.

2) YES

3) He can gift the same to you in his life time .

4) Will would be an ideal in your financial status but can be challenged after the demise of the testator. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 10/23/12, 11:04 pm


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