Suit for partition is in civil Court, get a compromise decree drawn for partition by the Court and register the partition deed dividing properties against agreed among family members. Where the question of Advocate not telling you anything when you are before court. Any Advocate will work for fee not free.
Property Dispute/ transfer of Property
We are 2 brothers and 1 sister, our father owned 3 flats in Navi Mumbai and 1 F.D in a bank where he made no nomination. He also made no will. So after my father's demise, My brother created a dispute and filied a partion suit in the Civil Court over all the properties and made all of us as respondents including our mother. Now, We all legal heirs have settled the matter before the court and signed a settlement pursis. It states that what share/flat is going to whom. And my lawyer is now suggesting me to also get a release deed registered. But my question is whether release deed can be registered in this case between legal heirs or not? As registering any document requires some valid proof of ownership. And also if a release deed does gets registered, then will a release deed be an adequate document to get the transfer of flat done in Society and then Cidco? Please guide me as my lawyer is only concerned about his fees and not telling me anything properly.
Asked 4 years ago in Property Law
Religion: Muslim
13 Answers
- As per law, after the death of your father intestate , his property would be devolved upon all the legal heirs i.e .your mother & siblings including sisters equally.
- Hence as your mother is alive , then each will have 1/4 th share in the property and fund left by father.
- Further, one can release his respective share in favour of other after executing a registered relinquishment deed.
- If the said partition suit already decreed by way of compromised after stating the shares , then once can release his share in favour of other legal heir .
- If you all are going to release their respective shares in the name of mother , then the society is bond to accept the same legally , and transfer the share in the name of your mother.
1. Since the dispute has been resolved amongst the legal heirs and each legal heir is allocated specific property/ies, it's recommended to execute Release Deed by the legal heirs relinquishing their share in the property/ies in favour of the other legal heir, who has been allocated that specific property and vice-versa.
2. There's no need of any specific document for executing the Release Deed within the legal heirs, except an affidavit declaring the family members or family tree or legal heirship certificate.
3. By following the procedure as set out under (1) above, properties will be recorded in the revenue records in individual named.
4. A registered Release Deed will be an adequate document to get the transfer of name for the Flat in the society as well as in Cidco.
The assets of your father devolve on his legal heirs who are his widow and children
The property devolves on the legal heirs by operation of law
If any legal heir wants to give up his share in favour of any other legal heir, then he has to register a release deed in favour of that legal heir
So your lawyer is right
I don't understand what else you want to know
The registered release deed will confer valid ownership title in favour of the transferee/releasee
Do you expect your lawyer to create or invent some new rule for you so that it confirms to your satisfaction and belief about how the transfer is to be effected pursuant to the settlement??
You should register the consent decree passed by court
relinquishment deed is not necessary
A Registered release deed is executed by the cosharers of the property in favor of the chosen legal heir/cosharer.
The original registered title deed lying on the name of your deceased father is valid proof of his ownership of the properties that is now being divided among the legal heirs of your deceased father.
The unregistered release deed is invalid for all the purposes and it cannot be enforced in court of law hence it may not come to your rescue to transfer the share certificate in the society nor it may support your application for mutating the properties in the revenue department.
You can change your lawyer if this one do not cooperate or guide you properly
The decree passed on consent by the civil court is enough.
There is absolutely no requirement for any other registered deed as suggested by your lawyer anymore.
Dear sir,
Your concerns are well-founded. You shall get a legal heir certificate in the first place. That would be a proof of your share in the property by succession laws. Ideally you could've contested based on this in the court of law for partition, but as you have chosen to settle out of court, you must have a deed of settlement in the first place. And then using this and the legal heir certificate, you can issue a release deed. With regards to proof of ownership, you must have seen that the original possession deed of the property made in the name of your father, includes 'legal heirs'. So that along with other documents are sufficient proofs. Thank you.
Obtain the compromise deed duly mentioning the clear terms of settlement about the entitlement of each party. then execute a settlement/partition deed in terms of that compromise court decree. that holds good for all purposes.
The court has currently given a R&R order on the settlement pursis to show to the bank, and the lawyer is telling a final order will be passed when the case gets closed after the bank work is done. Will that final order be the court decree? I have also visited the Cidco office and met the assistant estate officer there and told him about my case. He said they accept either one of heirship certificate, succession certificate, letter of Administration in cases of dispute between legal heirs, his advise is to get these documents. So please suggest what will be the best thing to do, as my concern is only for Cidco transfer.
Asked 4 years ago
It would be court decree
2) on basis of consent decree flat can be transferred in your name
3) succession certificate is only for movable debts and securities
4) legal heir certificate is not for immovable property
5) you can obtain letters of administration if cidco insists
Heirship certificate is quick to obtain than LA and succession certificate
However court fees are same as LA and succession certificate if a transfer is involved
If the settlement agreement has been submitted to the court praying for court decree on this compromise settlement, then the court will pass a decree and judgment based on the memo intimating court about the settlement arrived at.
The CIDCO is right in their demand for production of legal heirship certificate or succession certificate or letter of administration from a court of law.
This is a legal requirement for transfer of property from the existing owner to the transferee's name.
You may obtain a legal heirship certificate from the revenue department and submit it to the CIDCO for proceeding further on it.
- Apply for getting Letter of Administration .