Request for Legal Opinion on Property Ownership and Release Deeds

Others 397 views 1 replies

Dear [Sir/Madam],

This is to seek your legal opinion regarding the ownership history and the validity of certain documents related to a property located in Bangalore.

The property in question was originally purchased in 1991 by two brothers, Mr. Shridhar and Mr. Ganesh. They have a third brother, Mr. Kailash, whose name was not included in the original sale deed registered in 1991.

Subsequently, Mr. Shridhar executed a release deed in 2015, relinquishing his share in the property in favor of Mr. Kailash. Similarly, in 2018, Mr. Ganesh executed a release deed transferring his share to Mr. Kailash.

A prospective buyer would like to confirm whether these release deeds are legally valid and enforceable, considering that Mr. Kailash's name did not appear in the original 1991 sale deed.

Your guidance and legal opinion on this matter will be highly appreciated.

Thank you.

Anil

Replies (1)

Validity of Release Deeds - *Release Deeds*: The release deeds executed by Mr. Shridhar and Mr. Ganesh in favor of Mr. Kailash appear to be valid, as they are relinquishing their shares in the property. -

*Original Sale Deed*: Although Mr. Kailash's name is not mentioned in the original sale deed, the release deeds can still be valid if Mr. Shridhar and Mr. Ganesh had a legitimate interest in the property to relinquish. Ownership History - 

*Presumption of Joint Ownership*: If Mr. Shridhar, Mr. Ganesh, and Mr. Kailash are brothers, and there's no clear indication that they held the property in distinct shares, it might be presumed that they held it jointly. - 

*Intention of the Brothers*: The intention of the brothers regarding the ownership and distribution of the property would be crucial in determining the validity of the release deeds. Legal Opinion - 

*Validity of Release Deeds*: Based on the information provided, the release deeds seem to be valid, and Mr. Kailash appears to have acquired the shares of Mr. Shridhar and Mr. Ganesh. 

- *Prospective Buyer's Concerns*: The prospective buyer should verify the documents and ensure that Mr. Kailash has clear title to the property. Recommendations 

- *Title Search*: Conduct a thorough title search to verify the ownership history and ensure that there are no other claims or encumbrances on the property. 

- *Document Verification*: Verify the original sale deed, release deeds, and other relevant documents to ensure their authenticity and validity. 

Consult a lawyer specializing in property law to provide a detailed opinion and guide the prospective buyer through the process.


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