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Release deed

(Querist) 30 July 2012 This query is : Resolved 
Dear All,

My query is- that in case a property has been duly partitioned and one of the member relinquishes his/her right to another member. Is handing over of the possession of the relinquished property necessary? or can one live together and yet relinquish his/her share?

I know that in case of relinquishment, handing over of physical possession is essential, but what are the exact sections and any case laws that uphold the same?

Appreciate all your help.

Thank you.
Adv.R.P.Chugh (Expert) 30 July 2012
In my view - for relinquishment - giving up of possession is not necessary. A person may relinquish his right/title interest in the property yet - not give up possession and continue to live gratituously or as a licensee.
prabhakar singh (Expert) 30 July 2012
But how can a property be called duly partitioned unless it is partitioned by metes and bounds,separating possession of each and every sharer??
So your own statement is confusing for want of narration of proper facts.



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