Release Deed
5 months ago
My grandfather died without will .He had one son and two daughter .My father also passaway
The property is in name of grandfather still. We are three grand children and hindu .My Aunt want to relase her share in the name of us but as the property name is still on grand father lawer is saying can not execute the release deed.in the pan card of aunt the name of my grand father is there.Please guide us can we make the release deed ? So that we can sell the property.
A.Dear Client,
When a property left by the owner intestate that is, without any Will, the property is inherited by the surviving legal heirs in equal shares and to obtain individual shares, surviving legal heirs have to obtain a legal heirs certificate from the competent authority or a succession certificate from the respective Court. The property of a deceased grandfather is treated as ancestral property in the hands of his grandchildren. So, in the absence of any actions taken by your deceased father and his siblings to transfer the title of the property in their name, you being grandchildren required to process the matter accordingly. You and other surviving legal heirs including your aunt shall apply for a legal heir certificate from the competent authority or a succession certificate from the Court to transfer the ownership/title in favour of you all in equal share and get it mutated in the name of legal heirs with the land revenue deptt. Until and unless both the aunts get ownership of their individual share in the property, they cannot release their undivided share in the said property to you by executing a release deed in your favour. As regards the PAN of Aunt that still bears your grandfather's name, it is to inform you that it is mandatory for Individual applicants to provide their father’s name. Married woman applicants should also give the father's name and not the husband's name in the application for PAN which is basically used for financial transactions. So, follow the procedure as stated above to get the individual share in the property and get the release deed in respect of the share in the property of both the Aunts for its disposal by way of sale or otherwise.
When a property left by the owner intestate that is, without any Will, the property is inherited by the surviving legal heirs in equal shares and to obtain individual shares, surviving legal heirs have to obtain a legal heirs certificate from the competent authority or a succession certificate from the respective Court. The property of a deceased grandfather is treated as ancestral property in the hands of his grandchildren. So, in the absence of any actions taken by your deceased father and his siblings to transfer the title of the property in their name, you being grandchildren required to process the matter accordingly. You and other surviving legal heirs including your aunt shall apply for a legal heir certificate from the competent authority or a succession certificate from the Court to transfer the ownership/title in favour of you all in equal share and get it mutated in the name of legal heirs with the land revenue deptt. Until and unless both the aunts get ownership of their individual share in the property, they cannot release their undivided share in the said property to you by executing a release deed in your favour. As regards the PAN of Aunt that still bears your grandfather's name, it is to inform you that it is mandatory for Individual applicants to provide their father’s name. Married woman applicants should also give the father's name and not the husband's name in the application for PAN which is basically used for financial transactions. So, follow the procedure as stated above to get the individual share in the property and get the release deed in respect of the share in the property of both the Aunts for its disposal by way of sale or otherwise.
Helpful
Helpful
Share
A.Dear Client,
In India, the property of a Hindu male dying without a will is generally inherited by his legal heirs, including his sons and daughters. Since your grandfather passed away without a will, the property would likely be considered ancestral property, and the legal heirs, including your father and his siblings (your aunts), would have a share in it. If your father has also passed away, his share would devolve upon his legal heirs, which includes you and any siblings you may have. To address the issue of your aunt releasing her share in the property, a release deed would typically be required. However, the lawyer's concern about the property still being in your grandfather's name might be valid. In such cases, it may be necessary to transfer the property to the legal heirs through a process called "succession certificate" or "legal heir certificate." This process involves establishing the legal heirs and their respective shares in the property.
In India, the property of a Hindu male dying without a will is generally inherited by his legal heirs, including his sons and daughters. Since your grandfather passed away without a will, the property would likely be considered ancestral property, and the legal heirs, including your father and his siblings (your aunts), would have a share in it. If your father has also passed away, his share would devolve upon his legal heirs, which includes you and any siblings you may have. To address the issue of your aunt releasing her share in the property, a release deed would typically be required. However, the lawyer's concern about the property still being in your grandfather's name might be valid. In such cases, it may be necessary to transfer the property to the legal heirs through a process called "succession certificate" or "legal heir certificate." This process involves establishing the legal heirs and their respective shares in the property.
Helpful
Helpful
Share
Read Related Answers
I am an obc category at central level
Dear Client,
Yes, you can apply for a caste certificate based on your OBC (Other Backward Class) category status even if you were not issued one by your parents before marriage. Your marital status,...
Water wastage complaint
Dear Client,
In the given scenario, simply make a written complaint with video clips about the waste of water negligently and intentionally by your neighbor to the concerned Municipal Authority to fac...
CCTV on common staircase
Dear sir,
You may approach High court summary and immediate relief in respect of alleged criminal case. You may also get an order against your neighbor to remove such CCTV which is installed above you...
Neighbour trouble
Dear Client,
Experiencing verbal abuse and false accusations from neighbors can be distressing and disruptive to your daily life. It's essential to address this situation calmly and effectively. Fir...
Neighbour trouble
Dear Client,
In the prevailing situation and also in the absence of any registered housing society in the housing complex, the following steps may be opted to resolve the matter out of Court - 1) Ther...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
