Legal Question in Real Estate Law in India

Hi Lawguru Team,
There is a commercial property in Dehradun (Uttarakhand) in the name of my grandfather who died without any will. There are 4 heirs. All of them are willing to leave their share in my favor for a consideration. My query is:
1) Is release deed/relinquishment deed a good option considering my tauji/buaji are involved?
2) Can I get the release deed for the property in Delhi as 2 of them reside in Delhi?
3) What should be the denomination of the stamp paper in that case.
Thanks,
2) Can the release deed be made

Asked on 5/12/11, 4:55 am

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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already replied.

Answered on 5/12/11, 5:16 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you may file a petition for succession and implead all the legal heirs as party to it and let them relinquish their shares before the court. this would be the best option and you would also get succession of the properties and the same would help you getting the properties mutated in your name.

Answered on 5/12/11, 5:18 am

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Vishwa Arya Arya & Co.

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oops! I have a different opinion. succession, normally would apply to moveable properties. relinquishment deed is the most economical and time saving remedy. i would call it a golden remedy if all other legal heirs agree. You may do it by one deed executed by all other legal heirs in your favour. However, it will have to be executed at the place where property is located by their physical presence. the deed requires registration before the registrar. denomination of the stamp paper is fixed value. In delhi it was just Rs. 100/- However, in dehradun you may check over the net or with the division office of the area.

Answered on 5/12/11, 5:57 am

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