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Author Topic: Relinquishment deed after gift deed Read more at: http://www.lawyersclubindia.c  (Read 769 times)

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Offline sidhu511

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Dear All,

Problem : I have a property which was in name of my late father and  according to the will my mother is now the legal hire. We are two sons and my mother executed a gift deed for my portion to me i.e., half of the porperty and my brother also provided me with No Objection Certificate. Now I went to bank to get it mortagaged just my portion(one floor), so the bank lawyer says it should have been a relinqushment deed not a gift deed, hence denying the loan.

Questions : 
1. What is the major difference and is the bank right ? And what can I do next?
2. Can I now go for relinqument deed but according to gift deed it already belongs to me.(Can my mother execute the relinqush deed for a property that is now legally mine)

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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After demise of your father, you and your mother along with your siblings became joint owners in your father's property. Let me tell you that by WILL your mother is not a half owner of the property until probate has been obtained.

Considering your father died leaving behind you, your mother and your one brother.

if you have not taken probate then by default you and your mother along with other siblings are joint owner and as per law your mother cannot gift half property to you by gift. She can gift only her 1/3rd share. If the probate has not been obtain then gift deed executed by your mother shall be consider to gift of 1/3rd portion. Remaining 1/3rd of your brother share is required to be transferred in your favour. Then you will be sole owner of the entire property.

Amarnath Sanyal
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