Conversion of Relinquishment deed into gift deed
Suresh Kumar
(Querist) 03 June 2011
This query is : Resolved
SIR, My grandfather purchased Agriculture land and the same was inherited by my father (his only son) after his death. We are two brothers and two sisters from Haryana and are Hindu. My father get Relinquishment Deed/ Release Deed of the land in July 2005 in favour of both the son.
Sir, As per SECTION-8 of HSA 1956 ,If the property in question is exclusive property of father and it is not ancestral property as learnt from this site(LAWYERSCLUBINDIA) as stated by R.Ramachandaran Sir, and it cannot given to us by Relinquishment Deed and it can given only through GIFT DEED.
But my father has done Relinquishment Deed/Release deed in favour of both the son and the mutation has also recorded in our name in Patwari’s record. Then please suggest me that what is the procedure to get it rectified by my father so that the same can be given to us by legal way through GIFT DEED.
Shashikant V. Patil
(Expert) 04 June 2011
Dear Suresh,
Mr. R Ramchandran had correctly suggested to execute the gift deed. Becuase these are two different deetd i.e Relinquishment/release deeds and gift deed and for these under which circumstances , which deeds should be executed is right sense. Now for cancellation of reliquinshment deed you have to obtain court order. You can not rectify as already the both sons name is mutated in Patwari's record. Now to correct the same in the eyes of law , now you both get execute relinquishment deed from your both sisters , then only it can be reqularise this way.
Suresh Kumar
(Querist) 04 June 2011
Patil SIR,.Thanks for answering my query.
But why to get execute relinquishment deed from my sisters when this is not ancestral property, OR U mean to say that this is ancestral property.
Suresh Kumar
(Querist) 05 June 2011
THANKS TO ALL for sparing your valuable time for me.
Guest
(Expert) 05 June 2011
I think you first go to court for cancellation of relinquishment of deed as you know that this property is not an ancestral one and it it cannot given to us by Relinquishment Deed.
so, first go to court for cancellation of relinquishment of deed and thereafter your father can gift this property to you.
M V Gupta
(Expert) 05 June 2011
Relinquishment deeds are executed by one co-owner of property in favor of other co-owner(s) relinquishing his share in the property in favor of the other or others. In other words there should be joint ownership for executing the relinquishment deed. In your case as there is no joint ownership, the relinquishment deed as executed does not have any legal effect.Pl check exact wording of the document executed by your father.It is quite possible that the operative part of the deed may mention that ur father is gifting the property. If however the document does not state like that, your father may execute another document in supersession of the relinquishment deed. This new one should be a gift deed. This would appear sufficient to get over the earlier deed, as it is non est in the eye of law.Ensure that the new deed is registered and stamped properly.
