Relinqueshment deed
R_RTM_JAIN
(Querist) 18 November 2011
This query is : Resolved
I am having one big property in the sate of Madhya Pradesh (M.P.), which is an ancestral one and at present mutation is in the name of me and my sister jointly and we both only are the owners at present.
My sister wants to transfer her rights in a very small part of the said property (almost 1/10th of the total property) to me.
1. is it possible via relinquishment deed ?
2. Can PARTIAL property be transfer by relinqueshment deed ?
3. For the purpose of stamp duty and registration of the deed , can it be treated as equivalent to sale and not relinqqueshment ?
Pls advise...
Devajyoti Barman
(Expert) 18 November 2011
1. Yes
2. Yes
3.Check your stamp duty of your state.
However I always suggest to go for gift deed in those circumstances to remove any complications as well for lesser stamp duty.
Guest
(Expert) 18 November 2011
i completely agree with Mr. Berman
Arvind Sehdev
(Expert) 19 November 2011
Agree with the Expert.....
Shailesh Kr. Shah
(Expert) 19 November 2011
I also completely agree with views Mr. Barman.
R_RTM_JAIN
(Querist) 19 November 2011
sir, thanks for the reply.
Can u suggest relevant sections of the act with respect to above situation or some case laws ? the reason is that sub registrar is not ready to accept partial property transfer via relinqueshment deed. he wish to treat it as sale deed. the difference between stamp duty in both situation is more than 4% and amounts a big sum.
Shashikant V. Patil
(Expert) 19 November 2011
Dear Jain,
Relinquish is not a transfer or partial transfer but it is a rights are extinguished by the co-owners in the said particular property. For stamp duty you have to refer your M.P Stamp duty act. But as per your query you say 1/10 portion of her entitle share , she want to give you. In this case better make a partition deed between you and your sister in which you get 1/10 th out of her share with her consent. You can register this partition deed with registrar and for stamp duty you refer your MP stamp duty act.
J K Agrawal
(Expert) 20 November 2011
One can relinquish any part of his title and it can not be treated as SALE as no body is selling any thing.
Shailesh Kr. Shah
(Expert) 20 November 2011
Sub-registrar can't legally refuse.Take refusal from Sub-registrar in writing and file appeal u/s 72.
prabhakar singh
(Expert) 20 November 2011
A release or relinquishment of a claim; a deed of release; an instrument by which some right, title, interest, or claim, which one person has, or is supposed to have, in or to an estate held by himself or another, is released or relinquished, the grantor generally covenanting only against persons who claim under himself.
Hence Sub Registrar can not deny to register it.He must pass an order of refusal followed by an appeal before Registrar within 30 days,then on dismissal of appeal lies a suit in civil court with in 30 days.
They have more concern about revenue less about law.For a sale deed no mind required hands greased as usual hence to them relinquishment and surrenders are deed of headache.
Devajyoti Barman
(Expert) 22 November 2011
Yes I agree with further views as well.
R_RTM_JAIN
(Querist) 22 November 2011
thanks to U all experts. It would be of great help to me if somebody can quote exact wordings or reference of the act / section or the relevant judicial rulling for making my written representation to concern authority.
Shailesh Kr. Shah
(Expert) 22 November 2011
1.Prepare document
2.get execute
3.present before sub-registrar for registration
4.if he refuse to register, then ask him endorse the same on document.
5.go to appeal u/s 72.
you should hire lawyer for this.
