Unregistered relenquish deed and reg.act-1908
ganpatbhai
(Querist) 22 June 2015
This query is : Resolved
Two co-owner (Not In Blood Relation) of one agriculture land ,one of them Relinquish his all rights over property through release deed (Rs.50/- stamp paper)(Unregistered Deed) without monetary consideration before 13 yrs. Before village Talati ..The Mamlatdar approved the papers and Verify the Entry of Record of Rights.and one co-owner now become sole owner and occupier of property in Vill. 7-12 record..Now the questions are given below..
1.Is This Process exempted from registration act vide Registration act-1908 section-90(1)(e)?
2.Is This matter Hit by Registration act-1908 section-17(1)(a)(b)(c)(d)(e) or 17 (2)(1 to 12)
3. Can we say “Document if it does not create any right,title,and interest whether in present or in future,then it falls u/s 17(2)(v)” is applicable in this case..pl.Reply with ref. of judgments at earliest and obliged.
kavksatyanarayana
(Expert) 22 June 2015
in relinquishment/release deed, the releasor is releasing his 1/2 share rights over the property to the other co-owner. that means it is creating fresh rights over the property. hence it shall be registerable document and requires proper stamp duty. for other details consult a local advocate for further guidance.
Rajendra K Goyal
(Expert) 23 June 2015
The relinquishment deed / release deed for immovable property should be registered.
P. Venu
(Expert) 23 June 2015
The document has no legal standing in conveying/relinquishing right title and interest.
Kumar Doab
(Expert) 23 June 2015
Should have been registered and proper duty be paid.
Dr J C Vashista
(Expert) 25 June 2015
It is invalid document.
A person (titleholder) can not relinquish his share in favour of a person "not related by blood".
The document of "any" relinquishment deed has to be compulsory registered (u/s 17(2)Registration Act) with the concerned Sub-Registrar where the immovable property is situated.
Stamp duty and registration fees can not be waived and shall have to be paid (as applicable in the State).
