Legal Question in Real Estate Law in India

Hello Team LawGuru,

My mother and grandmother jointly owned a flat in Kolkata. My grandmother passed away a few years ago. My mother has just one sister who lives in Jaipur and who wants to transfer her share in the property to my mother.

1.How should this be done?

2.Is a relinquishment deed the best option?

3.Is my mother's sister required to be present in Kolkata for this.

4.Finally, if you could indicate the charges involved and maybe even suggest a lawyer who could assist in this regard.

Thank you very much.


Asked on 1/04/13, 12:42 am

5 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are here in below for your perusal :-

1) Relinquishment Deed in favour of your mother and to be registered .

2) YES

3) YES

4) Should not be much.

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Answered on 1/04/13, 2:09 am
Shrichand Nahar S.V.Nahar, Advocate

Appropriate duly registered Relinquishment Deed or Release Deed [See applicable stamp laws to decide on title of deed]. Generally, such types of deeds attract nominal stamp duty and registration charges [Check position vis-a-vis your area as most states have made their own amendments]

Remaining 2 matters needs to be decided in consultation of your local lawyer. [As per central law, sister may grant a power of attorney, if unable to remain present.]

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Answered on 1/04/13, 2:49 am

through registration and through attorney

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Answered on 1/04/13, 2:53 am

dear client.....

Your mothers sister can either give her share via relinquish Deed or release deed ... this are best option or she can even give POA in her name to enjoy and deal with the property as per her choice...

no its not necessry that she has to be present ... it depends of registrar ... if you need the deeds to be drafted then you can contact me at [email protected] ...even ur deed will be registered.....

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Answered on 1/07/13, 8:53 am


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