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Discussion > Civil Law > Relinquishment Deed Unregistered but Admitted   Unanswered Threads Post New Topic

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There are 10 Replies to this message


Manish


Architect
[ Scorecard : 76]
Posted On 04 January 2010 at 15:54 Report Abuse

We have a property duly in joint name with my mother and father's younger brother purchased 1977. The whole amt is paid by mother and out of my father's affection he induced his brother's name as joint owner. We had faimly settlement in 1994 (orally) and he signed the relinquishment deed(unregistered as of now). He has now filed a case in court denying any settlement and deed although admitted in his cross examination that he has signed the deed.  My question how can we prove our title and how can we prove that relinquishment deed is valid without registration as he has admitted it.

Please advise.



Member (Account Deleted)


Advocate, Chennai
[ Scorecard : 1450]
Posted On 04 January 2010 at 21:14 Report Abuse

Since your father's brother has filed a suit denying any settlement under Relinquishment Deed but later admitted it in the cross ; it is nevertheless a legally infirm document due to its non-registration.



Total thanks : 1 times

Manish


Architect
[ Scorecard : 76]
Posted On 04 January 2010 at 21:46 Report Abuse

Thanks for the reply, please can youadvise on way forward about proving the deed or considering it for title.


Sanjay Anant Mhatre


President
[ Scorecard : 28]
Posted On 06 January 2010 at 21:17 Report Abuse

considering the provisions of the registration Act and evidence Act as well as the Indian stamp Act such an agreement is not admisible in evidence further without registration of the document no rights can becreated of the person in whose favour relinquishment deed have been executed


Raghav Sood


Lawyer
[ Scorecard : 512]
Posted On 13 January 2010 at 13:16 Report Abuse

is it on stam paper or ordinaly paper


Manish


Architect
[ Scorecard : 76]
Posted On 13 January 2010 at 14:15 Report Abuse

it is on valid & proper stamp paper, duly signed by 2 witnesses.


Manish


Architect
[ Scorecard : 76]
Posted On 13 January 2010 at 14:16 Report Abuse

Also the plantiff admits his signatures in cross examination in this exhibited document.


Nali Seshu Kumar


SOCIAL WORKER
[ Scorecard : 156]
Posted On 16 January 2010 at 13:07 Report Abuse

admitted facts need not be proved as per the evidance act ,mere signature admission is not at  all possible to beleive the the  entire document ,to prove entire recitals of the said document the same is definately to be admitted in evidence, for cure the non registration  you have to send the document to pay the stamp duty and penalty to the registrict registrar of collecter stamp duties or directly pay in to court ten times than the original stamp duty you have every right to claim the said amount after passing the final order by the court from your opposite party.


Adv. K.S.A.Narasimha Rao


+91 96039 75717
[ Scorecard : 644]
Posted On 16 January 2010 at 16:08 Report Abuse

Only you have chance to file a case of specific performance. if he dont like to come before the Registering Authorities to register a relinquishment deed.


SANJEEV K MISHRA


MANAGER FINANCE
[ Scorecard : 32]
Posted On 27 January 2010 at 15:37 Report Abuse

My father has a land on which I want to build flat for our family. while applying for a bank loan, as my father is 70 years age, and the deed of the land is in the name of my father, the banker declined to sanction loan which i would have repaid. i am the only son and my sister is married. how can I change the name without spending much on stamp duties etc. Can we go for a relinquish deed. if so what is the procedure?



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