Deed of release
Ahsan Ahmed Khan
(Querist) 29 May 2017
This query is : Resolved
Dear All, I like to know that whether a house property which was purchase by (say for e.g.) Mr. X (Purchaser) from Mr Y (Vendor) and the consideration for the same is made by Mr X through Demand Drafts in favour of the Vendor (Mr Y) and the Deed of Registration for transfer of title was executed between Mr X and Mr Y in the year 1985.
However, after two month in the year 1985 itself Mr X (the purchaser) had entered into a convayance namely "DEED OF RELEASE" where he had released the said house property as mentioned earlier in the name of Mrs Z who has no family relation with Mr X (Purchaser) nor her name was mentioned anywhere in the Title Deed as Co-owner or an interested party in the puchase deed of transfered House property. Further, in the "DEED OF RELEASE" it is mentioned that the Releasor i.e. Mr X (Purchaser) is only a Benamidar and the consideration for Purchase of the House Property was provided by Mrs Z (Releasee, who is not a relative of Mr X and even the religion of Mr X is Hinduism and Mrs Z is Islam and no where in the Purchase deed between Mr. X and Mr Y any disclosure has been made that the property was purchased by Mr X from the money provided by Mrs Z).
Now my questions are as follows:-
Q1) Whether transfer of title can be made by executing "DEED OF RELEASE" where a property was purchased in the name of Benamidar?
Q2) Whether Mr X in the given case will be considered as Benamidar where no such mentioning is there in the Deed of Transfer of title between Mr. X and Mr Y (Vendor)?
Q3) Whether through "DEED OF RELEASE" one can release the right in the property in favour of a person who is neither his relative nor the Co-owner of the property?
Note: Please answer the above question by taking into consideration Benami Property Transactions Act of 1988 and kindly substantiate your answer with referance of relevant case laws.
Guest
(Expert) 29 May 2017
Consult a Local Good Senior Advocate with all the details
Kumar Doab
(Expert) 29 May 2017
If such an act has been committed, it is a complicated matter.
A very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters may be approached ASAP.
Citations shall be chosen by the counsel.
Kumar Doab
(Expert) 29 May 2017
How are you related with this matter?
What is this Deed of Registration for transfer of title?
Kumar Doab
(Expert) 29 May 2017
Same Query:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=150278&offset=1
Guest
(Expert) 30 May 2017
Agree with Mr.RK Goyal
Guest
(Expert) 30 May 2017
Repeated Query
Guest
(Expert) 30 May 2017
Why repeated please
Guest
(Expert) 30 May 2017
No Reply to Repeated query
Guest
(Expert) 30 May 2017
Well Advised Please
Guest
(Expert) 30 May 2017
Why to Repeat Please
Guest
(Expert) 30 May 2017
Do not repeat please
Ahsan Ahmed Khan
(Querist) 30 May 2017
Dear All, it is not a repeated query because I have posted my query for the first time on lawyers clubindia therefore due to ignorance it was me who has posted the same on the Form too.
So, I request to all the expert to reply to may posted query postively.
Kumar Doab
(Expert) 30 May 2017
Agreed with Shri Rajendra K Goyal.
Kumar Doab
(Expert) 30 May 2017
It is same query, in experts/forum sections.
Kumar Doab
(Expert) 30 May 2017
Agreed with Why to repeat.
Kumar Doab
(Expert) 30 May 2017
Agreed repeated query is not replied.
Kumar Doab
(Expert) 30 May 2017
Good to see expression of well advised.
Kumar Doab
(Expert) 30 May 2017
Agreed with suggestion for not to repeat.
Kumar Doab
(Expert) 30 May 2017
Agreed as advised in beginning local counsel of unshakable repute and integrity that specialize in such/revenue/civil matters can examine all records/docs/inputs and advise the best.
Kumar Doab
(Expert) 30 May 2017
One should preferably avoid inquiring Lawyers at online portals.
There are unlimited threads at LCI also by querists that have been fleeced thru online portals.
Inquire in person locally for counsels of unshakable repute and integrity that specialize in such matters, at courts complex, /HC/SC……………..
Few counsels in each city specialize in it. They are very well known.
A counsel worth his/her salt refers such matters to such counsels.
This is the best you can do.
Your local colleagues, well wishers, DBA officials, unions etc etc and can also guide and help you.
