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Kanwar Kohli (111)     19 January 2011

Relinquishment Deed Help!

I have a couple of questions about Relinquishment Deeds, in particular the details contained within them;

 

1. If a relinquishment deed that is duly registered on Rs. 100 stamp paper does NOT list ALL legal heirs (other than the Releasor/Executant and the Releasee/Transferee) then is it valid? Must all RDs mention every known legal heir even if they are not involved in the particular 

2. If the relinquishment deed is incorrect based on this, how can it be rectified, must a new RD be made?



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 2 Replies

Darshan Panchal (Advocate)     19 January 2011

It is not necessary to mention all the heirs or all the properties from which the releasor proposes to release his rights. Only the property in question needs to be mentioned Since, it is not a family settelement where all properties are setteled but only a piece of property. So far stamp is concerned it will be as much as conveyance at the rate of 4.9% and 1% registration. release deed having stamped for rs. 100 has no value in the eyes of law as it invites full stamp duty and unless so done won't be accepted in registration either. For rectifying the deed u can make a deed of rectification to the release deed which also will have to be registered on stamp of rs. 100

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Kanwar Kohli (111)     19 January 2011

Mr. Panchal,

Thank you very much for your advice, it is much appreciated. 

Please don't mind if I delve further into this, but I will explain the situation to you in some more detail;

I own about half of an ancestral property of my father after taking 2 RDs from my siblings after reaching settlements with them personally. There is only one other shareholder who also has taken 2 RDs from other siblings. Now this person is saying that my RDs are not valid because they do not mention every siblings name, just the ones that I have taken RDs from in the past. 

Please advise as to if a rectifcation is absolutely required or the other person is just trying to scare me into believing that my documents are not correct.


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