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Question ID : 44522

Will and Release deed

Mrs. D ( mother) and Mrs R (Daughter),were joint owner of residential property. Mrs. Mrs. D prepared will in 2003 and registered with sub registrar office. . Husbund of Mrs. D had expired before preparing will. Mrs. D has 2 sons ( 1 son expired ) and 2 daughters . In the Will , Mrs. D stated that after her death Mrs.R will be rightful legal heirs of jointly owned flat.In 2021 Mrs. D died . Now Mrs. R wants to sell the above mentioned flat. So does the permission of 2 brother and 1 sister required ? I want to know difference between Will and Release deed Also I want to know requirement of preparing Release deed. Thanking you.

Posted by samirkumar gokulbhai kasvala on Aug 03, 2023

Filed Under MISC.

Answer ID : 85268

Answer to Question 1 regarding Persmission: Permission is not necessary as it is jointly owned Property and she specifically stated it should go to her. Answer to Question 2 regarding Will and Release: Will is one's wish, how and what he/she wanted to do after his/her death. Release Deed is kind of relinquishment of right or facilitating the other person to enjoy right of that property, if required by law. Anser to Question 3 regarding preparation of Release Deed: Generally it is done in case of Legal Heirs, if one or more decides to release their right on the Property in favour of other, to avoid future compications.

Posted by Rupakula Rajasekhar on Jan 08, 2024