Relinquishment deed
rameshkumar
(Querist) 27 September 2012
This query is : Resolved
my grand father has 6 sons . my grand father got 3 leasehold plots on permanent lease basis in 1950 after migrating from pakistan against claim as refugee in maharashtra. He got one plot in his own name oter 2 plots he applied and got in names of his 2 sons .He has written partition letter in sindhi on 1/4/1961 in his letter he has given 3 plots to 6 sons means 1/2 plot to each son . he and all his 6 sons have signed that partition memerundum. all 6 sons have signed an acknowledgement on nov. 1961 0n 15 new paise Bombay state stamppaer that their father have divided them and they have got their property share and they have been seperated by their father on 1/4/1961. after that in june 1976 my grand father expired. all 6 sons are residing in their portion of property . my father got 1/2 plot remaining 1/2 plot was occupied by my eldest uncle.my father constructed double story house from his own funds in 1990. My eldest uncle also constructed triple story house on his portion of plot from his funds in 1996 . That plot lease is in my grand father;s name. In 1997 my 4 uncles who are occupying other 2 lease hold plots relinquished their rights , title in our plot that relinquishment deed is on rs. 100 stamp paper duly notarised with signed before me stamp. In that relinquishment deed my uncles have relinquished their rights in consideration of partition and mutual love and affection .on basis of that R.deed we got municipal tax mutated in our names in 1997 itself. my question is whether this R.deed is valid? can my uncles create any problem ? can they revoke it now after 15 years of execution on the pretext of it not being a regd. deed but only notarized . we are still residing in that plot since 1950-52.Municipal tax in my name but lease agreement still in my GF name . we can not change name in lease because one lease for one entire plot but we 2 families are occuping one plot so whose name lease tobe tfrd?/ so we donot want to change name in lease .(or in revenue records)will there be any problem in selling the house in future ?since lease is not in my name . I have municipal tax receipts in my name and elect. bill in my name . my uncles are not cooperative they will not give sign/ consent for any paper.they may not allow me to sell it to outsider . pl. solve my query
ajay sethi
(Expert) 27 September 2012
what were the terms and conditions of lease? contact a local lawyer .
relinquishment need is necessary to be registered . other wise in admissible in evidence .
Shashikant V. Patil
(Expert) 27 September 2012
In the 1997, the relinquishment deed was executed by your other uncles and same was notaries. On the basis of it, the mutation took place so it is valid. Already 15 years lapsed.
Rajeev Kumar
(Expert) 27 September 2012
I agree with experts views
rameshkumar
(Querist) 27 September 2012
Mr Ajay,
Earlier in 1950 temporary Lease was given by Maharashtra govt. for 20 years to refugees after 20 years permanent lease was given on 1/8/70 which was to be renewed on 1/8/2000 but we have not yet renewed it because many other people have not yet renewed .Now maharashtra govt. has issued a GR for lease plots in vidarbh region . we can pay some percentage of market value of the plot and property card or namoona d will be made in our name but for that also entire plot will be considered and no sub division is allowed for mutation in land record office . here many people have sold 1/2 plots to other people so all of them will not be benefitted with new GR unless subdivision of plots are allowed so more and more people will pay revenue to Nazul and get their 1/2 plot mutated in their names for that reason only we only changed the name in municipal tax receipts and elect./tel bills and not in Nazul deopp. pl. solve my query
prabhakar singh
(Expert) 29 September 2012
Q"my question is whether this R.deed is valid? can my uncles create any problem ? can they revoke it now after 15 years of execution on the pretext of it not being a regd. deed but only notarized . "
and my answer is that R.deed as such is not out right legal but as there has been a partition of property which can lawfully be oral also every thing done to corroborate the oral partition taken place and acted upon should be the case of your side.
