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Ramana (Business)     03 January 2024

Release deed

We gave agricultural land and 8 coparceners and out of which 4 of them have agreed to sign release deed, other 4 have orally agreed but not ready to come to sub register office and wait and register. So they are saying that they would not come for property matter in any manner in future. We cannot force these 4 persons to come to sub registrar office, they are ready to sign any document in their house but not interested to visit register office.

What can we do to get their signatures legally, can we do agreement or notary something like that?

Please dont suggest for POA since they are not ready to come to register office for any purpose.

 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

If they are not willing to sign the registered document then their intention is clear that they don't want to execute the release deed nor they want to give away their share to you.

In this situation you have no option than to file a suit for partition in the civil court by arraying them as defendants and seek the relief of partition and allotment of your share with separate possession.

You cannot force them to part with their shares in your favour 

Ramana (Business)     03 January 2024

Sir-  No that's not true only reason is they are all well settled and we just have 1 acre of land for which we need release deed from them and they are busy in their profession and they dont even care for this property. But current issue is they are not willing to waste their time for this registration nuisance.

Is there any other option available legally for this?

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

It is mandatory to execute the transfer of immovable property by a registered deed only  which may be any type of transfer including the proposed release deed.

It is a legal requirement unless the transfer will be considered as invalid.  If the transfer is done by an unregistered document, it  will create problem when you intend to sell or transfer the same to any third party including your own relatives in future.

If they are not interested to follow the legal procedures, then it clearly indicates that they have scant respect for the law of the land.

The proper procedures were explained to you in detail, if you still insist on any other option then it indicates that  you want to get the task done somehow including  by any illegal means.

 

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