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.any way we can speed up the activity of sale. Because getting legal hair and succeson cert will take time of 2 months and fee of max 75k
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. If you want to dispose of the property legally following the laid down procedures for smooth and litigation-free disposal of property, then you have to go through the legal procedure and comply with the essential formalities required under the relevant laws applicable on the subject. Any hot haste or shirt-cut steps in the matter may get you in trouble and face legal consequences in the future.
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. If you want to dispose of the property legally following the laid down procedures for smooth and litigation-free disposal of property, then you have to go through the legal procedure and comply with the essential formalities required under the relevant laws applicable on the subject. Any hot haste or shirt-cut steps in the matter may get you in trouble and face legal consequences in the future.
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A.Dear client
The legal heirship certificate is a crucial document that establishes the legal heirs of the deceased. It is usually obtained from the local revenue or municipal authorities. The process may involve submitting the death certificate, proof of relationship, and other relevant documents. A succession certificate is a legal document that authorizes the heirs to inherit debts, securities, and other assets. It may be required for transferring the property to the legal heirs. The application for a succession certificate is typically made to the civil court. Once the legal heirship certificate and succession certificate are obtained, the legal heirs can execute a release deed to transfer the share of the property. The release deed relinquishes the rights of one or more legal heirs in favor of others. After obtaining the release deed, the property records can be updated with the local land revenue or municipal authorities to reflect the current ownership status.
The legal heirship certificate is a crucial document that establishes the legal heirs of the deceased. It is usually obtained from the local revenue or municipal authorities. The process may involve submitting the death certificate, proof of relationship, and other relevant documents. A succession certificate is a legal document that authorizes the heirs to inherit debts, securities, and other assets. It may be required for transferring the property to the legal heirs. The application for a succession certificate is typically made to the civil court. Once the legal heirship certificate and succession certificate are obtained, the legal heirs can execute a release deed to transfer the share of the property. The release deed relinquishes the rights of one or more legal heirs in favor of others. After obtaining the release deed, the property records can be updated with the local land revenue or municipal authorities to reflect the current ownership status.
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