Registration of relinquishment deed

Querist : Anonymous (Querist) 09 February 2024 This query is : Resolved
My brother is relinquishing his rights in ancestral house, in my favour .
We r both co owners of the house and legal heirs of the property , property is in Maharashtra.
House is built on lease hold plot , lease has already expired in 2000
Plot was allotted to my father by govt .in 1952 on lease for 20 years , as he was refugee from Pakistan ,again in 1972 lease was renewed for 30 years ,
House was built on plot in 1952
Now we have not renewed the lease , Maharashtra govt has issued GR in 2018 that all leasehold plots given to refugees are converted to freehold plots
Sub registrar is not registering our relinquishment deed, because we don't have 7/12 or property card of house or plot
In that case can relinquishment deed be executed before notary? Will it be ok?

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A co-owner is seeking to register a relinquishment deed for ancestral property in Maharashtra, where their brother is transferring rights. The property is on a leasehold plot that has expired but is eligible for conversion to freehold under a 2018 government resolution. The sub-registrar is refusing registration due to missing 7/12 extract or property card. Experts advise converting the plot to freehold, obtaining a legal heirship certificate, mutating revenue records, and then executing a registered release deed for legal validity.

T. Kalaiselvan, Advocate (Expert) 10 February 2024
The unregistered relinquishment deed is not legally valid document.
It will not confer title on the releasee.
You may better get it converted to freehold and then on the basis of the legal heirship certificate, you can apply for mutation of revenue records to your names from your father's name.
Once this is done, you can go for registered release deed which would be correct and legally valid procedure to be adopted in this circumstance

kavksatyanarayana (Expert) 10 February 2024
To my best, the refugees will now get free hold of the land, which means they can sell, redevelop and even mortgage the property on which they have been residing. The refugees have to take prior permission from the state government before taking any action. As said by the expert Sri T.Kalaiselvan Sir apply for permission and mutation, then you may go for registration of transfer in any way.

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