relinquish deed

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
experts,
Plz. guide me on the following queries.
1) Can father relinquish his half share of immovable property in favour of his only son?
2) Will the name of son come in property card by way of said relinquish deed?
3) Is registration is compulsory for relinquish deed?
4) Whether this transaction is valid,If yes then which act is applicable to this transaction?

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Raj Kumar Makkad (Expert) 21 December 2010
1. Yes, if the property is self acquired of the father.

2. Yes.

3. Yes.

4. Transfer of Property Act.

Devajyoti Barman (Expert) 21 December 2010
Yes, Mr Makkad is right.

Advocate. Arunagiri (Expert) 22 December 2010
I agree with Mr.makkad.

s.subramanian (Expert) 22 December 2010
I also agree with the view of Mr.Makkad.But I would like to differ on the point of the relewvant legislation applicable to deeds of release or relinquishments.Transfer of Property Act does not deal with the transactions of release or relinquishment. Such transcations are governed only the common law of contracts under the Indian Contracts Act.

Y V Vishweshwar Rao (Expert) 22 December 2010
Father can relinquish his half share if it is joint property / or / in case it is Self acquired property of father the Deed will be the Gift Deed /Settlement Deed to be Registered !

This will be governed by Transfer of property Act , Registration Act stamp Act and before all these things there will be an agreement /Understanding between the parties for transfer - there by Contract Act.

Arun Kumar Bhagat (Expert) 01 January 2011
1. Yes, if the property is self acquired of the father.

2. Yes.

3. Yes.

4. Transfer of Property Act.

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