Is release deed for immovable property a valid document?

Is mutation of property possible through an unregistered will?

—Name withheld on request

In India, registration of a will is not mandatory, and unregistered wills are fully valid. Therefore, any property forming part of the will shall be bequeathed in favor of the inheritance mentioned therein without the need to register the instrument. Depending on the circumstances, after the death of the testator, you may be required to obtain probate (ie if the immovable property is located in Mumbai, Kolkata, or Chennai; or if the will is executed in Mumbai, Kolkata, or Chennai). . If a probate does not mandatorily apply, a succession certificate may also suffice, depending on local district rules. Thereafter, the property records can be changed. Please talk to your attorney and check whether probate will apply in your case.

I want to know whether the release deed for immovable property is a valid document and can it be challenged later. If the document is treated as a valid document then it is specified in which act or section?

—amisho

A release deed shall be governed by the Transfer of Property Act, 1882. A release deed for an immovable property, also known as a relinquishment deed, is a valid, valid document recognized under law in India. A release deed involves the transfer of right, title and interest in immovable property, and is considered valid only when signed, adequately stamped and registered by the parties in the presence of witnesses. The grounds for challenge by the counterparty, or indeed a third party, will depend on the facts that exist – to help prevent a major ground for challenge, it is advisable to first sign the release deed to check the legal title of the counterparty. Give space and release your rights.

Rishabh Shroff is partner, Cyril Amarchand Mangaldas.

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