Relinquishment of share in property

Querist : Anonymous (Querist) 21 November 2011 This query is : Resolved
whether a transfer of share in property is valid if it is based on the normal paper typed in engilsh and signed in hindi and there is no registered/unregistered relinquishment deed?

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Shailesh Kr. Shah (Expert) 21 November 2011
please elaborate your query.

prabhakar singh (Expert) 21 November 2011
Yes ! I agree

Rajeev Kumar (Expert) 21 November 2011
Please give clear your query

Raj Kumar Makkad (Expert) 21 November 2011
No. No property can be transferred in the form you prescribed in your query.

Devajyoti Barman (Expert) 21 November 2011
No it has no validity.

adv. rajeev ( rajoo ) (Expert) 22 November 2011
No it is not a valid transfer, because any property or share worth more than Rs.100/- transferred to any person thra deed, such deed requires compulsory registration u/s 17 of the Indian regn., act.

Querist : Anonymous (Querist) 24 November 2011
first of all i like thank u all for your advice.

My query was i had filed a suit for partition of joint hindu family property which was allotted to my great grand father and in which i have a share. however my cousin uncle has stated in his WS that since my grand father had relinquished his rights in favour of his father. hence i have no share in suit property. the alleged relinquishment is based upon the the affidavit of my grand father submitted to L&DO department

1) The affidavit is typed in english and signed in hindi.

2) The affidavit is typed on plain paper (not even a stamp paper)

3) there is no relinquishment deed executed by my grand father. however even after the alleged relinquishment my grand father continued to stay and work in the suit property till the time of his death

however the Land and development Office on the basis of the aforesaid affidavit transferred the property in favour of the father of my uncle in their records and executed the conveyance deed in his favour

my father used to work in the suit property and after his death my uncle tried to grab our share. hence when i attained majority i file the suit for partition which is pending in the court.

whether the aforesaid relinquishment is valid?

Will i succeed?

prabhakar singh (Expert) 26 November 2011
That is not valid but has been acted upon by authorities,hence you should take a plea that
the said affidavit is forged one and dos not bear his signature,if he was not literate, then also take the plea he could not sign at all.challenge the entries based on forgery of your uncle side.Adduce evidence that possession of your grand father and after him of your father and yours have always continued without any break for a single day.