Affidavit

kaur (Querist) 17 August 2014 This query is : Resolved
After the death of parents the property was transferred on all legal heirs. One member produced an affidavit in court that property have been given to him late in 1990 through this affidavit in shape of no objection certificate by way of family partition. Copy of affidavit obtain and found that affidavit of value Rs.5.00 is attested by Oath Commissioner but Oath Commissioner number and name is not mentioned and from which stamp vendor it has been procured it's name is also not mentioned. My query is that property cannot be surrender on such fake affidavit and how court has entertain such cases. Although police complaint is filed and in the meantime how can I prove in court that affidavit produced in court is fake and not genuine. Please advice

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ajay sethi (Expert) 17 August 2014
to relinquish interest of family members Deed of relinquishment has to be signed by family members . it has to be duly stamped and registered .

Rajendra K Goyal (Expert) 17 August 2014
Unregistered document regarding transfer of the property is not legal in the eyes of law and be challenged accordingly also.

Devajyoti Barman (Expert) 17 August 2014
It has no legal force.\Get another executed and registered.

malipeddi jaggarao (Expert) 18 August 2014
It will not have any legal enforcement.

Raj Kumar Makkad (Expert) 20 August 2014
Properties cannot be transferred by way of such affidavits rather intention to transfer is duly reflected therein.

T. Kalaiselvan, Advocate (Expert) 23 August 2014
Agreed with the experts that no transaction to convey immovable property through an unregistered instrument is valid in the eye of law.

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